How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to follow, for example a deadline within which the lawsuit can be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Once your attorney's investigation has uncovered evidence that malpractice has occurred, he or she will file a formal complaint in court, along with a summons. The complaint will identify the defendants, and then state the allegations you make against them.

Malpractice claims are based on the notion that a doctor or healthcare provider owes a patient a standard of care. This is defined as the level of competence and care that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable harm.

It isn't easy to prove that a physician's standard is the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable doctor would have done.

Not only doctors make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is particularly applicable to emergency room staff where mistakes are frequently caused by a busy environment and overworked staff. Your attorney may be in a position to get expert testimony from emergency room personnel who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

In the discovery phase, your attorney will collect and analyze evidence that could prove a malpractice case. This includes medical records and witness statements, as also expert testimony. The legal team on the other side will also have the option to request these documents from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain documents may be considered to be confidential and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult aspect of a medical malpractice case since it requires expert witness testimony that supports your claim.

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

Most lawsuits are settled prior to trial. This is especially true in medical malpractice cases as the cost of trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company of the doctor. If no settlement can be reached, your case may proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have a strong malpractice case they will file the complaint. The complaint will clearly state your allegations and be served on the defendant, along with a summons.

The next stage is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The objective is to prove that the error was the result of the negligence of the doctor, and caused damage.

In addition to the witness statement Your medical malpractice lawyer will also work with two or three expert witnesses to back up your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

Your attorney will begin settlement discussions with the defense during the trial preparation. This process continues throughout the course of the trial and can take up to many years. In this time, you'll be recovering from your injuries while determining the amount and value of your damages. It's in everyone's best interest to settle outside of court and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement offer against your current and potential recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these losses. For example, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a arm, and the operation was flawless, but the patient lost an arm and limb, then the medical professional could be held responsible for negligence.

In order to be able to file a valid malpractice lawsuit, the victim must prove that a competent attorney could have been able to stop their financial loss or at least reduce the size. It is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred costs in pursuit a successful legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that may be awarded in a case of malpractice, including past, current and future medical expenses, as in addition to loss of income, pain and discomfort, and other non-economic loss. The greater the amount of money awarded, the more serious injury. A ruling that is deemed to be successful can be overturned through an appeal. Settlements outside of court could be beneficial for certain clients. It will save money and time in court costs. It also avoids the risk of a juror making a decision based on emotion instead of fact.