How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to be followed, which include the time frame within which the lawsuit may be filed.

In addition to the need to prove negligence, the plaintiff must show that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will prepare a court-appointed complaint and summons after he has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you have made against them.

The basis for malpractice claims is the idea that a doctor or nurse or any other healthcare provider owes the patient a minimum standard of care. This standard is defined as the amount of skill and caution that a reasonable medical professional with the same training could exercise in similar situations. Your legal team must prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable damage.

It can be a challenge to prove that a doctor's standard is the same as another doctor's. This is why it's important to hire a law firm with access to experts who can provide testimony about the medical field and what an experienced professional in your doctor's situation would have done.

It is not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room staff, whose mistakes are often attributed to the crazed atmosphere and overworked employees. Your attorney may be in a position to get experts from emergency room personnel who can explain what should have happened and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to prove a malpractice claim. This includes medical records, witness statements, as in addition to expert testimony. The legal team representing the other side may also be able to request this information from you and your attorney. This is typically done through interrogatories and requests for the production of documents. Certain materials may be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was the result of a doctor's negligence. This is the most difficult component of a medical negligence claim, as it requires expert testimony to back your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be proficient in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they reach trial. For medical malpractice cases this is particularly common because the cost of going to trial can be expensive. Once the facts are established, you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't feasible the case will proceed to trial.

Trial

Your attorney will file a complaint after an initial investigation. If they conclude that you have a solid case of malpractice, then they will file the complaint. The complaint will clearly state your allegations and be served to the defendant with a summons.

The next phase is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of the standard of care. The objective is to prove that the error was the result of the doctor's negligence, and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will also work with one or two expert witnesses to prove your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their testimony and deposition. They may also help prepare your case for trial.

Your lawyer will initiate negotiations with the defense team as part of the trial preparation. This process can go on for many years. During this time, you are recovering from your injuries and determining the extent of your losses. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement with your current and future settlement. If the settlement is fair the lawyer will advise you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of limb, and the surgery was flawless, but the patient lost an arm, then the medical professional may be held accountable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced their financial loss. This is commonly referred as the "but for" test. It is also essential to show that the plaintiff has incurred expenses to pursue a legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be sustained in a malpractice lawsuit including past, present and future medical expenses, lost income, pain and suffering as well as other non-economic losses. In general, the more severe the injury, the more the amount of compensation. However, a verdict that is deemed to be a success could be reversed when appealed. Therefore, settling the case outside of court can be an advantageous alternative for some clients. It can save time and money on litigation costs, aswell as avoiding the risk of having a jury judge a case based on the basis of emotion instead of fact.