How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, for example the time frame within which the lawsuit may be filed.

The claimant must also demonstrate that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has uncovered evidence that malpractice was committed, he will file a formal complaint in court along with a summons. The complaint will identify the defendants and make the allegations you bring against them.

Malpractice claims are based on the notion that doctors, nurses or other healthcare professionals owe patients the same level of care. This is the standard of skill and caution reasonable doctors with similar training would employ in similar circumstances. Your legal team must demonstrate that your doctor Malpractice lawyer did not adhere to this standard and resulted in you suffering quantifiable damage.

The standard of care a physician provides is often an issue of opinion, and it is often difficult to prove. This is why it is essential to select a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only doctors make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room personnel, where mistakes are often attributed 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 could have been done and why your doctor's actions fell short of this standard.

Discovery

During the discovery process, your attorney will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony, and more. The information could be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain materials may be privileged and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult component of a medical malpractice case because it requires an expert testimony to support your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your attorney will be skilled in preparing strong and persuasive depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially common in medical malpractice cases as the costs involved in the trial process can be high. After the facts of your case are established, a settlement can be reached between you and the doctor's insurance company. If a settlement isn't possible your case will go to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant with a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was caused by the negligence of your doctor, and caused damages.

In addition to the witness statement Your medical malpractice lawyer will work with two or three expert witnesses to prove your claim. They will be provided with medical records and all the details about your case to prepare for their testimony and deposition. They may also help prepare your case for trial.

Your attorney will begin negotiations with the defense team as part of the preparation for trial. The process can take several years. In this time, you will be recovering from your injuries while determining the magnitude and value of your injuries. It is in everyone's best interests to settle outside of court and avoid litigation whenever feasible. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and future recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that the negligence of the defendant has contributed to these damages. For instance, if the doctor failed to inform the patient that the surgery had a 30% chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice.

A victim could also prove that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for test". It is also required to show that the plaintiff has paid for expenses in pursuit a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be suffered in a malpractice attorneys lawsuit including the past, present and future medical expenses loss of income, suffering and pain and suffering, and other economic and non-economic losses. The greater the amount of money awarded the more serious the damage. However, a decision that is successful can sometimes be overturned when appealed. Settlements that are not in court may be beneficial to some clients. It can save time and money in costs for litigation, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotions rather than fact.