How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain 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 led to injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will prepare a court-appointed complaint and summons when he/she has discovered evidence of negligence. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

malpractice lawyer claims are founded on the premise that nurses, doctors or other healthcare providers are obligated to a patient the same level of care. This is the level of competence and prudence that reasonable doctors with similar training would use in similar situations. Your legal team has to show that your doctor breached this standard that resulted in injuries due to which you suffered quantifiable damages.

The standard of care for a doctor is often a matter of opinion, and is difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

Not only doctors can make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room staff, where mistakes are often made due to a crowded environment and overworked workers. Your lawyer could be able to secure expert testimony from emergency room personnel who can provide evidence of the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery stage, your attorney will collect and examine evidence that could prove a malpractice case. This includes medical documents, witness statements expert testimony and more. The information may also be requested by the legal team opposing the case. This is usually done through interrogatories as well as requests for production of documents. However, certain materials could be privileged or confidential because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to negligence by the doctor. This is the most difficult element of a case involving medical negligence because it requires an expert testimony to back your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your lawyer will be adept in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they get to the trial stage. This is especially true in medical malpractice cases since the costs of trial can be high. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't agreed upon, your case will go to trial.

Trial

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

Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. This process could last for several years. During this time, you will be recovering from your injuries while determining the magnitude and value of your damages. It's in everyone's interest to settle outside of the courtroom and avoid litigation whenever possible. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement is reasonable your lawyer will advise 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 caused the damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the surgery was perfect, but the patient lost an arm in the process, then the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice law firm suit, the plaintiff must prove that a competent lawyer could have helped stop their financial loss or at the very least, reduce the size. This is commonly referred to as the "but for" test. It is also essential to show that the plaintiff has incurred costs in pursuit a successful legal claim, which is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be attained in a malpractice case including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. The higher the award is, the more serious injury. A ruling that is deemed to be successful can be overturned through an appeal. Settlements outside of court may be beneficial for a few clients. It could save money and time in litigation fees. It also eliminates the possibility of a jury choosing a case based on emotion rather than fact.