How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to follow, for example a deadline within which the lawsuit may be filed.

In addition to proving negligence, the claimant must show that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will prepare a court-appointed complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants and make the allegations you make against them.

The basis for malpractice law firm claims is the idea that a doctor or nurse or other healthcare provider owes the patient a standard of care. This is the amount of competence and prudence that reasonable doctors with the same training would employ in similar circumstances. Your legal team needs to prove that your doctor violated this standard and caused injuries to which you have suffered damages that are quantifiable.

The standard of care a physician provides is often a matter of opinion, and is often difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable doctor would have done.

It's not just doctors who make medical errors; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is particularly applicable to emergency room staff where mistakes are usually due to a crowded environment and overworked staff. Your attorney may be in a position to secure experts from emergency room personnel who can provide evidence of what could have been done differently and why your doctor was unable to meet the standards.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could help in proving a malpractice law firms case. This includes medical records, witness statements, as also expert testimony. The legal team of the other side will also have the opportunity to request these documents from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult component of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also question any witnesses that can support the doctor's negligent actions. This includes radiologists, dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your lawyer will know how to take effective and powerful depositions to ensure that witnesses to admitting that the doctor was negligent.

The majority of lawsuits are settled before going to trial. In medical malpractice cases it is a common practice because the cost of going to trial can be quite expensive. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurance company for the doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will clearly state your claims and will be served to the defendant along with a summons.

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

In addition to the witness statement Your medical malpractice lawyer will collaborate with two or three expert witnesses to support your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their testimony and deposition. They may also help in preparing your case for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process continues throughout the course of the trial and may last for many years. During this time, you are recovering from your injuries and determining how much of your damages. It's in everyone's interest to settle your case outside of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the merits of any settlement with your current and potential recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that the negligence of the defendant has contributed to the damages. For example, if the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the surgery was perfect, but the patient lost an arm or limb, the doctor could be held liable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for" test. It is also required to prove that the plaintiff has paid for expenses in pursuing a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the various types of damages attained in a malpractice case including past, present and future medical expenses loss of income, suffering and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a verdict that is deemed to be a success could be reversed upon appeal. Settlements outside of court may be beneficial for certain clients. It can save money as well as time on litigation costs. It also reduces the risk of a jury choosing a case based on emotions rather than facts.