How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to follow, such as the time frame within which the lawsuit can be filed.

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

Complaint

If your attorney's probe has found evidence that fraud occurred, the attorney will file a formal complaint in court and issue summons. The complaint will name the defendants and describe the allegations you make against them.

Malpractice claims are founded on the notion that doctors, nurses or other healthcare professionals owe patients a certain standard of care. This is the amount of expertise and prudence an appropriately prudent doctor with the same training would employ in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

It can be difficult to prove that a doctor's standard is the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable professional would have done.

It is 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 often due to a crowded environment and overworked staff. Your lawyer could be in a position to secure expert testimony from emergency room staff who can provide evidence of what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may prove a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team on the other side can also have the chance to obtain this information from you and your attorney. This can be done via interrogatories or requests for documents. However, certain materials may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical negligence claim since it requires expert evidence to support your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your attorney will know how to take powerful and effective depositions to ensure that witnesses to accept that the doctor's negligence.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is especially true in medical malpractice law firms cases since the costs associated with a trial can be extremely expensive. Once the facts of your case are established, a settlement could be reached between you and the insurance company for the doctor. If a settlement is not reached, your case could be heard in court.

Trial

After your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant along with a summons.

Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness statement, your medical malpractice attorney will also work with two or three expert witnesses to support your claim. These experts will receive medical records and details regarding your case, to prepare for their depositions and testimony. They may also help prepare your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process continues throughout the trial, and can sometimes last for several years. During this period, you'll be recovering from your injuries and determining the amount and value of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and long-term recovery. If the settlement offer seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to show 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 that a surgery was associated with a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or reduced the financial loss. This is commonly referred as the "but for" test. Additionally, it is important to show that the plaintiff was liable for costs in the pursuit of a legal claim that are more than the amount sought for compensation.

Our medical malpractice attorneys can explain the different types of damages that can be given in a malpractice lawsuit, including past, current and future medical expenses as along with lost income as well as pain and discomfort and other economic or non-economic losses. Generally, the more serious the injury, the higher the award. A ruling that is deemed to be successful can be overturned through an appeal. Settlements outside of court may be beneficial for a few clients. It can save money as well as time in court costs. It also helps avoid the possibility of a jury making a decision based on emotions instead of facts.