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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific rules that must be followed with a specific time frame within which the suit may be filed.

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

Complaint

Your lawyer will submit a court complaint as well as summons if he or she has found evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are based on the belief that a physician or nurse or other healthcare provider owes a patient a standard of treatment. This is the amount of competence and prudence that the reasonably prudent doctor with similar training would employ in similar situations. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable damages.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. It is important to hire 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 just doctors who make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true of emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be able to secure an expert opinion from the emergency room personnel who can show what could have been done differently and why your doctor was unable to meet this standard.

Discovery

During the discovery phase, your attorney will collect and review evidence that may prove a malpractice case. 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 via interrogatories as well as requests for production of documents. However, certain materials may be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligent doctor. This is the most challenging part of a medical malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also call witnesses who can prove the doctor was negligent. This could include radiologists dentists as well as nurses, assistants as well as other individuals who were involved in the treatment of your health. Your attorney will know how to conduct effective and strong depositions to ensure that these witnesses acknowledge that the doctor was negligent.

The majority of lawsuits are settled before going to trial. For medical malpractice cases this is the most common as the costs of going to trial can be expensive. After the facts of your case are established, a settlement could be agreed upon between you and the doctor's insurance company. If a settlement cannot be reached, your case could be heard in court.

Trial

After your attorney has completed the initial investigation and concludes that you have a strong malpractice attorneys case, they will file the complaint. This will clearly state the allegations and will be given to the defendant with a summons.

Discovery is the next step. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standard of care. The goal is to establish that the error was caused by the doctor's negligence, and caused damages.

Aside from the witness statement In addition to the witness statement, your medical malpractice attorney will also work with two or three expert witnesses to back up your claim. They will be provided with medical records and details about your case to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. The process continues throughout the case and can sometimes last for years. During this time, you are recovering from your injuries and determining the severity of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and potential recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. For instance, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb and the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

A victim may also show that a skilled lawyer could have prevented or reduced their financial loss. This is commonly referred as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff's expenses to pursue a legal claim which are greater than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various forms of damages that may be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, pain and suffering and other non-economic losses. Generally, the more serious the injury, the greater the award. However, a successful verdict may be rescinded when appealed. Settlements that are not in court may be advantageous for some clients. It can save money and time on court costs. It also reduces the risk of a jury ruling on a case based upon emotions instead of facts.