How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to be followed, which include a deadline within which the lawsuit may be filed.

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

Complaint

Once your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a formal complaint in court along with summons. The complaint will identify the defendants and make the allegations against them.

The basis for malpractice claims is the idea that a doctor, nurse or other healthcare provider owes the patient a standard of treatment. This standard is the level of expertise and prudence reasonable doctors who has similar training would apply in similar situations. Your legal team has to show that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.

The standard of care a physician provides is often an issue of opinion and is difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify on what a reasonable doctor would have done.

Not only doctors make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is particularly true of emergency room staff, whose mistakes are often made due to a crowded environment and overworked staff. Your attorney may be able to get testimony from experts in the emergency department that can assist in proving the proper procedure and how your doctor's actions did not meet the standards.

Discovery

During the discovery phase the attorney will collect and review evidence that could support a malpractice claim. This could include medical records, witness statements as well as expert testimony. This information can be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was the result of a medical professional's negligence. This is the most challenging part of a malpractice case because it requires an expert witness testimony that proves your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will be skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they reach the trial stage. In cases involving medical malpractice this is the most common as the costs of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

After your attorney completes the initial investigation and concludes that 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 step. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The objective is to establish that the error resulted of the doctor's negligence and resulted in damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and detailed information about your case in preparation for their deposition and testimony. They can also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense team as part of the preparation for trial. This process can last for several years. During this time, you'll be recovering from your injuries and determining the magnitude and value of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement is reasonable the attorney will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced the financial loss. It is sometimes referred to the "but for test". It is also required to prove that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers; Moden126.mireene.com, can provide a detailed explanation of the various types of damages suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The higher the award the more serious the injury. However, a successful verdict is sometimes overturned upon appeal. So, settling out of court can be a viable option for certain clients. It can reduce time and cost in litigation fees, as well as avoiding the possibility of having a jury decide cases on the basis of emotions instead of facts.