How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to be followed, which include a time limit within which the lawsuit can be filed.

In addition to showing negligence, the claimant must show that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons after he has discovered evidence of malpractice. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

The basis for malpractice lawsuit claims is the notion that a doctor, nurse or other healthcare provider owes a patient a certain standard of care. This is the level of expertise and prudence the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer injury.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.

It is not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true of emergency room personnel, where errors are usually due to a chaotic environment and overworked employees. Your lawyer may be in a position to get experts from emergency room personnel who can explain the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process your lawyer will collect and examine evidence that could support a malpractice case. This includes medical records, witness statements expert testimony, and more. The legal team on the other side will also have the opportunity to request the information from you and your attorney. This is typically done via inquiries and requests for production of documents. However, certain materials may be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most difficult element of a case involving medical negligence, as it requires expert testimony to support your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before going to trial. This is especially common in medical malpractice cases as the costs of a trial can be very high. Once the facts of your case have been established, a settlement may be reached between you and the insurer of your doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they decide that you have a compelling case of malpractice, then they will file it. This will clearly outline the allegations and be sent to the defendant along with the summons.

Discovery is the next phase. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of the statements to prove that the doctor violated the standard of care. The objective is to establish that the error was the result from the negligence of the doctor that resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. These experts will receive medical records and detailed information about your case in preparation for their deposition and testify. They may also help in the preparation of your case for trial.

Your attorney will begin negotiations with the defense during the preparation for trial. This process could last for several years. During this time, you are recovering from your injuries and determining the severity of your damages. When possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement is reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. If, for instance, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of arm, and the operation was perfect, but the patient lost an arm and limb, then the medical professional could be held responsible for malpractice.

In order to have a legitimate legal action, the defendant must prove that a competent attorney could have helped reduce their financial loss, or at least minimize the amount. This is often referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses in pursuing a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be attained in a malpractice case including future, present and past medical expenses as well as lost income, pain and suffering as well as other non-economic losses. The more serious the injury, the greater the amount of compensation. A decision that is found to be a success could be overturned through an appeal. Therefore, settling out of court may be a viable option for certain clients. It will save time and money on litigation costs, aswell as avoiding the risk of having a jury decide a case on the basis of emotion rather than fact.