How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed including a certain time period in which the suit can be filed.

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

When your attorney's inquiry has discovered evidence of malpractice law firm occurred, he or she will file a formal complaint in court along with summons. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice claims is the belief that a physician, nurse or other healthcare provider is obligated to a patient a minimum standard of care. This is the standard of skill and caution reasonable doctors with similar training would use in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer damages.

A physician's standard of care is often an issue of opinion and is often difficult to prove. This is why it is important to work with a legal firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable professionals in your situation would have done.

Not only doctors can make mistakes, but also hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room personnel, where mistakes are often made due to a chaotic environment and overworked staff. Your lawyer could be in a position to secure experts from emergency room personnel who can provide evidence of the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery process, your attorney will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical records, witness statements expert testimony and more. The information may be requested by the legal team opposing the case. This usually happens through interrogatories and requests for the production of documents. However, certain materials may be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury was the result of a negligence of the doctor. This is the most difficult part of a malpractice case as it requires expert witness testimony that proves your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be adept at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they go to trial. This is particularly true for medical malpractice cases, since the costs associated with a trial can be extremely expensive. Once the facts of your case are established, a settlement may be discussed between you and your insurer of your doctor. If a settlement isn't attainable your case will go to trial.

Trial

Your attorney will file a complaint following an initial investigation. If they conclude that you have a convincing case for malpractice, then they will file it. The complaint will clearly state the allegations and must be handed to the defendant in a summons.

Discovery is the next step. The next stage involves discovery. This includes the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor acted in violation of the standard of care. The objective is to prove that the error was the result of the doctor's negligence, and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will be provided medical records and specific information about your case to prepare for their deposition and testimony. They may also help prepare your case for trial.

Your attorney will start settlement discussions with the defense team as part of the trial preparation. This process is ongoing throughout the course of the trial and may last for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. When possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future recovery. If the settlement offer seems reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that the negligence of the defendant caused these damages. If, for example, the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of limb, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional could be held responsible for negligence.

To be able to bring a valid malpractice suit, the plaintiff must also show that a competent attorney could have been able avoid financial loss or at least minimize the size. This is commonly referred as the "but for" test. It is also essential to prove that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which is higher than the amount demanded in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, pain and suffering and other non-economic losses. In general, the more severe the injury, the more the amount of compensation. However, a verdict that is deemed to be a success is sometimes overturned when appealed. Therefore, settling the case outside of court can be an advantageous alternative for some clients. It can save time and money on litigation costs, aswell as avoid the potential risk of having a jury decide cases on the basis of emotions instead of fact.