How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed, which include a time limit within which the lawsuit can be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor led to injuries and losses. This will require hospital and medical documents.

Complaint

Once your attorney's investigation has discovered evidence of malpractice was committed, he will file a complaint with the court, along with summons. The complaint will identify the defendants and make the allegations you bring against them.

Malpractice claims are based on the notion that a doctor or nurse or any other healthcare provider owes the patient a standard of treatment. This is defined as the degree of competence and care that a reasonable medical professional with similar training could exercise in similar situations. Your legal team needs to prove that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

It can be a challenge to prove that a doctor's standards are comparable to another doctor's. This is why it is crucial to choose a law firm with access to experts who can give testimony on the medical field and what reasonable medical professionals in your situation would have done.

It's not just doctors who make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially the case for emergency room personnel where mistakes are often caused by a busy environment and overworked staff. Your lawyer may be in a position to obtain experts from emergency room personnel who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony and more. These records can also be requested by the legal team opposing the case. This is typically done through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privy because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the negligence of the doctor. This is the most challenging aspect of a medical negligence case since it requires expert witness testimony that supports your claim.

Your lawyer will also question any witnesses that can prove the negligence of the doctor. This can include radiologists, dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer will be proficient in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, before they reach the trial stage. In medical malpractice cases this is particularly common because the cost of going to trial can be expensive. After the facts of your case are established, a settlement can be negotiated between you and the insurance company of the doctor. If a settlement is not agreed upon, your case will be heard in court.

Trial

After your attorney completes the initial investigation and decides you have a strong malpractice case, they will file the complaint. This will clearly state your allegations and be served to the defendant with a summons.

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

Your medical malpractice attorney will also collaborate with one or more expert witnesses to back your claim. These experts will receive medical records as well as detailed information about your case in preparation for their deposition and testify. They may also help prepare your case for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. This process is ongoing throughout the case and can sometimes last for many years. During this time, you will be recovering from your injuries and determining the extent and value of your losses. It's in everyone's best 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 recovery. If the settlement offer seems reasonable then your lawyer will be able to convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused the damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of limb, and the surgery was perfect, but the patient lost an arm and limb, then the medical professional could be held responsible for malpractice.

To have a viable legal action, the defendant must also show that a competent attorney would have been able to stop their financial loss or at the very least, reduce the size. This is sometimes referred to the "but for test". It is also necessary to demonstrate that the plaintiff has incurred expenses in pursuit of a successful legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the various forms of damages that may be suffered in a malpractice lawsuit including the past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. The more money you are awarded is, the more serious injury. A successful verdict may be rescinded by appeal. Settlements that are not in court may be beneficial to some clients. It will save time and money on litigation costs, aswell as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of facts.