How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, such as a deadline within which a lawsuit can be filed.

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

Complaint

When your attorney's inquiry has discovered evidence of malpractice occurred, he or she will file a complaint with the court and issue a summons. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are based on the idea that nurses, doctors and other healthcare providers owe a patient the highest standard of care. This standard is defined as the amount of competence and care that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer injury.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. This is why it is important to hire a law firm that has access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially the case for emergency room personnel where mistakes are frequently caused by a busy environment and overworked employees. Your attorney may be able to get experts from emergency room staff who can explain the circumstances that led to the incident and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and review evidence that could support a malpractice claim. This includes medical records, witness statements as also expert testimony. This information can be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. However, certain materials could be classified as confidential or privy because of privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult component of a case involving medical negligence, as it requires expert testimony to support your claim.

Your lawyer will also call witnesses who can prove the doctor's negligent actions. This could include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions to make witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. This is particularly true in medical malpractice cases because the cost of a trial can be extremely high. Once the facts are established and you have a chance to negotiate a settlement with the insurance company of the doctor. If a settlement isn't attainable, your case will then go to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant in the summons.

The next step is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these statements to establish the doctor's breach of standard of care. The goal is to prove that the error resulted of the doctor's negligence and caused damages.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will collaborate with one or two expert witnesses to prove your claim. They will be provided with medical records and all the details about your case to prepare for their deposition and testify. They can also assist in the preparation of your case for trial.

Your lawyer will initiate negotiations with the defense during the trial preparation. This process is ongoing throughout the trial and can sometimes last for several years. In this time, it is likely that you will be recovering from your injuries and determining the extent and value of your damages. When possible, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer with your current and potential recovery. If the settlement offer seems reasonable then your 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 the damages. If, for instance, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the surgery was successful, but the patient lost a limb, then the medical professional could be held responsible for malpractice.

A victim can also prove that a competent lawyer could have prevented or mitigated their financial loss. This is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff's expenses to pursue a legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the different types of damages given in a malpractice lawsuit including past, current and future medical expenses as in addition to loss of income, pain and discomfort, and other economic or non-economic losses. Generally, the more serious the injury, the greater the amount of compensation. A verdict that is successful could be overturned by an appeal. So, settling outside of court could be a beneficial option for a few clients. It can save money and time on litigation costs. It also avoids the risk of having a jury deciding a case based on emotions instead of facts.