How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, such as a time limit within which the lawsuit may be filed.

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

Complaint

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

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This is the amount of expertise and prudence a reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer injury.

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

Not only physicians can make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is particularly true of emergency room personnel, where mistakes are often made due to a chaotic environment and overworked workers. Your attorney may be in a position to secure expert testimony from emergency room staff who can explain the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This could include medical records, witness statements, as also expert testimony. These records can be requested by the opposing legal team. This is typically done via inquiries and requests for production of documents. However, certain materials may be classified as confidential or privy due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most difficult aspect of a medical malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your lawyer will know how to take powerful and effective depositions in order to get witnesses to admitting that the doctor's negligence.

Most lawsuits are resolved, or settled, before they reach the trial stage. In the case of medical malpractice this is the most common as the costs of going to trial can be quite expensive. After the facts of your case have been established, a settlement may be negotiated between you and the insurance company of the doctor. If a settlement is not agreed upon, your case will go to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly outline the allegations and must be handed to the defendant along with a summons.

The next stage is discovery. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these evidence to prove that your doctor did not follow the standard of care. The aim is to prove that the error was a result from the negligence of the doctor that resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will receive medical records and details regarding your case, to prepare for their depositions and testimony. They can also assist in the preparation of your case for trial.

Your lawyer will begin negotiations with the defense team as part of the preparation for trial. The process continues throughout the trial, and can take up to many years. During this time, you will be recovering from your injuries while determining the magnitude and value of your damages. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer with your current and future recovery. If the settlement is reasonable the lawyer will be able to convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was successful, but the patient lost a limb and limb, then the medical professional could be held accountable for negligence.

To be able to bring a valid malpractice lawsuit, the person who is suing must also show that a competent attorney would have been able to stop their financial loss or at least reduce the size. This is often referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the different types of damages suffered in a malpractice attorney lawsuit including the past, present and future medical expenses, lost income, pain and suffering as well as other non-economic losses. In general, the more severe the injury, the higher the award. A successful verdict may be challenged by an appeal. So, settling outside of court can be a viable option for a few clients. It can reduce time and cost in costs for litigation, as well as avoiding the possibility of having a jury judge an issue on the basis of emotions rather than fact.