How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be adhered to including a time limit within which the suit may be filed.

In addition to proving negligence, the person seeking compensation must prove that the actions of the doctor resulted in losses and injuries. This will require medical and hospital documents.

Complaint

Your attorney will submit a court complaint as well as summons after he has discovered evidence of negligence. The complaint will identify the defendants and state the allegations you make against them.

Malpractice claims are based on the idea that doctors, nurses or other healthcare professionals owe patients the highest standard of care. This is the amount of expertise and prudence reasonable doctors who has similar training would apply in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable injury.

It isn't easy to prove that a doctor's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the medical field to provide evidence of what a competent professional would have done.

Not only doctors make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is especially true of emergency room staff, malpractice lawsuits whose mistakes are often attributed to a crowded environment and overworked staff. Your attorney may be able obtain evidence from experts in the emergency room who can explain the correct procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and review evidence that could support a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The legal team representing the other side will also have the opportunity to request the information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be confidential or protected due to privacy laws like HIPAA and its Privacy Rule.

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

Your lawyer can also question witnesses who can prove the doctor was negligent. This could include radiologists dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your lawyer will know how to take powerful and effective depositions in order to get these witnesses admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is especially common in medical malpractice cases since the cost of a trial can be very high. After the facts of your case are established, a settlement could be agreed upon between you and the insurance company for the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

Your lawyer will file a lawsuit after conducting the initial investigation. If they decide that you have a strong case for malpractice, then they will file it. This will clearly state the allegations and must be handed to the defendant along with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these documents to prove the doctor's breach of standard of care. The goal is to show that the error was the result of the negligence of the doctor, and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their depositions and testimony. They can also assist in the preparation of your case for trial.

Your attorney will start negotiations with the defense team as part of the preparation for trial. This process could last for many years. During this period, you'll be recovering from your injuries while determining the magnitude and value of your injuries. It's in everyone's best interest to settle outside of court whenever possible. Your attorney will carefully evaluate the merits of a settlement against your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb and the procedure was completed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. This is sometimes referred to as the "but for" test. Additionally, it is important to show that the plaintiff incurred costs in the pursuit of a legal claim that are over the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that can be given in a malpractice lawsuit including past, current and future medical expenses as in addition to lost income or income, pain and malpractice lawsuits discomfort and other non-economic loss. The greater the amount of money awarded the more serious the damage. However, a decision that is successful can sometimes be overturned upon appeal. Settlements that are not in court may be beneficial for certain clients. It will save time and money on litigation costs, aswell as avoid the potential risk of having a jury decide a case on the basis of emotion instead of facts.