How to File a Medical Malpractice Lawsuit

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

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, the attorney will file a formal complaint in court, along with a summons. The complaint identifies the defendants in your case and outlines the allegations you are making against them.

malpractice lawyer claims are based on the belief that a physician or nurse or any other healthcare provider is obligated to a patient a standard of treatment. This is defined as the level of care and skill that a reasonably prudent medical professional with similar training would exercise in similar circumstances. Your legal team must to prove that your doctor breached this standard, resulting in injuries from which you sustained quantifiable damages.

A doctor's standard of care is often an issue of opinion, and can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a reasonable doctor would have done.

It's not just doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly relevant to emergency room personnel where mistakes are often caused by a busy environment and overworked staff. Your lawyer could be able to secure an expert witness from the emergency room personnel who can explain what should have happened and how your doctor failed to meet the standards.

Discovery

During the discovery phase the attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical records and witness statements as well as expert testimony. The legal team of the other side will also have the option to request the information from you and your attorney. This is usually done through inquiries and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also call any witnesses that can prove the doctor's negligence. This could include radiologists dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your attorney will know how to take powerful and convincing depositions to ensure that witnesses to accept that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. For medical malpractice cases, this is especially common as the costs of going to trial can be quite 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 could go to trial.

Trial

Once your attorney has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant along with the summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove the doctor's breach of standard of care. The aim is to prove that the error was a result of negligence by the doctor and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will collaborate with one or two expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in the preparation of your case for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process is ongoing throughout the trial and may last for many years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's best interest to settle the matter out of court and avoid litigation whenever feasible. Your attorney will carefully weigh the merits of a settlement against your present and long-term recovery. If the settlement offer seems reasonable the attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. For instance, if the doctor did not inform the patient that the procedure was associated with a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". Additionally, it is necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim which are over the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, pain and suffering and other non-economic losses. The greater the amount of money awarded, the more serious injury. However, a successful verdict can sometimes be overturned upon appeal. Therefore, settling out of court can be a good option for certain 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 emotion rather than fact.