How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to be followed including a certain time period within which the suit may be filed.

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has found evidence of misconduct. The complaint will name the defendants and describe the allegations you bring against them.

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare providers owe a patient the same level of care. This standard is the level of competence and care a reasonably prudent doctor with similar training would employ in similar situations. Your legal team must to prove that your doctor breached this standard, resulting in injuries from which you have suffered damages that are quantifiable.

It can be challenging to prove that a physician's standards are comparable to another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to testify about what a professional of reasonable standards would have done.

It's not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is especially true of emergency room staff, whose mistakes are often made due to a hectic atmosphere and overworked workers. Your lawyer could be able to get experts from emergency room personnel who can show what could have been done differently and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase your lawyer will gather and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements as and expert testimony. The information could also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses that can prove that the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your attorney will know how to conduct effective and strong depositions so that these witnesses admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they reach the trial stage. In medical malpractice cases it is a common practice since the cost of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't reached, your case may be heard in court.

Trial

Your lawyer will file a complaint following conducting the initial investigation. If they decide that you have a strong case of malpractice, then they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant with the summons.

Discovery is the next stage. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use the evidence to show that your doctor violated the standards of care. The aim is to prove that the error was the result of negligence by the doctor and caused damage.

In addition to the witness's testimony, your medical malpractice attorney (head to the Petinnate site) will collaborate with two or three expert witnesses to support your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their depositions and testimonies. They may also aid in the preparation of your case for trial.

Your lawyer will begin talks with the defense as part of the preparation for trial. This process is ongoing throughout the trial and can take up to years. In this time, you are recovering from your injuries and determining how much of your losses. It's in everyone's best interest to settle out of court and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was perfect, but the patient lost an arm or limb, the doctor could be held responsible for malpractice.

To have a viable malpractice suit, the plaintiff must also prove that a competent lawyer could have been able reduce their financial loss, or at the very least, reduce the size. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff incurred costs to pursue a legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice law firms lawyers are able to explain the various types of damages that can be granted in a malpractice case including past, current and future medical expenses as also lost income and pain and discomfort and other economic or non-economic loss. The more money you are awarded, the more serious injury. However, a verdict that is deemed to be a success may be rescinded when appealed. So, settling out of court may be a beneficial option for some clients. It will save money and time on litigation costs. It also avoids the risk of a jury deciding a case based on emotions rather than facts.