How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be followed, which include the time frame within which the lawsuit may be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor resulted in injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has found evidence that fraud occurred, the attorney will file a complaint in court along with a summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the idea that nurses, doctors or other healthcare professionals owe patients a certain standard of care. This standard is the level of expertise and prudence a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable damages.

A doctor's standard of care is usually an issue of opinion, and it is often difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is especially true for emergency room personnel, where errors are usually due to a chaotic environment and overworked staff. Your lawyer may be able to secure testimony from experts in the emergency department that can assist in proving what should have been done and how your doctor's actions fell short of this standard.

Discovery

During the discovery process, your attorney will collect and review evidence that could help in proving a malpractice case. This could include medical records, witness statements as in addition to expert testimony. This information can also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of your 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 depose witnesses who can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your lawyer will be adept in preparing powerful and effective depositions to get these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, before they reach the trial stage. This is especially true for medical malpractice cases, since the costs involved in a trial can be extremely high. Once the facts are established you can negotiate an agreement with the insurance company of the doctor. If no settlement can be reached, your case may be heard in court.

Trial

Your attorney will file a complaint following an initial investigation. If they find that you have a strong case of malpractice, they will file the complaint. The complaint will clearly state your allegations and will be served on the defendant along with a summons.

Discovery is the next phase. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove that your doctor did not follow the standard of care. The goal is to prove that the error was the result of the doctor's negligence and resulted in damages.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or more expert witnesses to support your claim. They will be provided with medical records and details about your case to prepare for their depositions and testimony. They may also aid in the preparation of your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. This process can go on for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement with your current and potential recovery. If the settlement offers are reasonable, 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 negligence on the part of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that a surgical procedure was a 30 percent risk of losing a limb, and the procedure was carried out perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must also show that a competent attorney could have been able stop their financial loss or at the very least, reduce its size. This is often referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff was liable for costs to pursue a successful legal claim that is over the amount sought for compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other non-economic losses. The greater the amount of money awarded the more serious the injury. A decision that is found to be a success could be overturned by an appeal. Settlements outside of court can be beneficial to some clients. It could save money and time on court costs. It also eliminates the risk of a jury making a decision based on emotion rather than fact.