How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to be followed including a time limit during which the suit can be filed.

The claimant also has to prove that the doctor's actions led to injuries and losses. This will require hospital and medical records.

Complaint

Once your attorney's investigation has found evidence that fraud occurred, the attorney will file a complaint with the court along with a summons. The complaint names the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are founded on the notion that nurses, Malpractice Lawyer doctors or other healthcare providers owe a patient an appropriate level of care. This is the amount of expertise and prudence reasonable doctors who has similar training would apply in similar circumstances. Your legal team must to prove that your doctor did not meet this standard which resulted in injuries from which you suffered quantifiable damages.

It can be challenging to prove that a physician's standard is the same as another doctor's. This is why it's essential to select a law firm that has access to experts who can give testimony on the medical field and what an experienced professional in your doctor's position would have done.

It is not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true of emergency room staff, as mistakes are frequently made due to a crowded environment and overworked employees. Your attorney might be able obtain evidence from experts in the emergency department who can help demonstrate what should have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might prove a malpractice claim. This includes medical documents, witness statements, expert testimony and more. The legal team representing the other side can also have the chance to request these documents from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case because it requires an expert testimony to back your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This could include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your attorney will be skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled, or settled, prior to reaching the trial stage. In medical malpractice cases, this is especially common as the costs of going to trial can be expensive. Once the facts of your case have been established, a settlement could be reached between you and the doctor's insurance company. If a settlement is not reached, your case could be heard in court.

Trial

After your attorney has completed the initial investigation and decides you have a strong malpractice case they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant in a summons.

The next step is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to prove that your doctor acted in violation of the standard of care. The goal is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will also work with a couple of expert witnesses to prove your claim. These experts will receive medical records and specific information about your case to prepare for their deposition and testify. They may also aid in making your case ready for trial.

Your attorney will start talks with the defense during the trial preparation. The process continues throughout the case and can sometimes last for years. During this time period, you are recovering from your injuries and determining the extent of your losses. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement offer seems reasonable, then your attorney will convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if a doctor did not inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is commonly referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff was liable for costs in the pursuit of a legal claim which are over the amount sought as compensation.

Our medical malpractice lawyers can explain the different types of damages that can be attained in a malpractice law firms case including past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. The higher the award the more serious the damage. A ruling that is deemed to be successful can be overturned through an appeal. Settlements outside of court can be beneficial to some clients. It can save money and time in court costs. It also helps avoid the possibility of a jury ruling on a case based upon emotions instead of facts.