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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, such as a deadline within which the lawsuit can be filed.

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

Complaint

After your attorney's investigation has uncovered evidence that malpractice was committed, he will file a complaint in court and issue a summons. The complaint names the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are founded on the idea that doctors, nurses or other healthcare providers are obligated to a patient a certain standard of care. This standard is the level of competence and care the reasonably prudent doctor with similar training would use 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.

The standard of care a physician provides is usually an issue of opinion, and is difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.

Not only doctors can make mistakes, but also hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room staff, where errors are usually due to a hectic atmosphere and overworked employees. Your lawyer may be able to get testimony from experts in the emergency department that can assist in proving what could have been done and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could prove a malpractice claim. This includes medical records and witness statements as and expert testimony. The other side's legal team will also have the opportunity to request these documents from you and your attorney. This is done by interrogatories or requests for documents. Certain documents could be classified as confidential or privy because of privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most difficult aspect of a case involving medical negligence since it requires expert testimony to back your claim.

Your lawyer will also call any witnesses that can prove that the doctor's actions were negligent. This could include radiologists dentists nurses, assistants, and others who were involved in the treatment of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, prior to reaching the trial stage. This is particularly true in medical malpractice cases since the costs involved in the trial process can be expensive. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurance company of the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have a solid malpractice lawyer case, they will file the complaint. This will clearly state the allegations and be sent to the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these statements to prove your doctor's breach of the standard of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.

Apart from the witness's statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. These experts will receive medical records and detailed information 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 the attorney will initiate settlement negotiations with the defense. This process can last for several years. During this period, you will be recovering from your injuries and determining the amount and value of your losses. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement offer against your current and future settlement. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb and the procedure was completed perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for test". Additionally, it is important to show that the plaintiff incurred costs in pursuit of a successful legal claim that are over the amount sought for compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that could be suffered in a malpractice lawsuit including the past, present and future medical expenses and lost income, as well as pain and suffering and other non-economic losses. Generally, the more serious the injury, higher the amount of compensation. A successful verdict may be overturned through an appeal. So, settling outside of court could be a beneficial option for certain clients. It will save money and time in litigation fees. It also avoids the possibility of a jury deciding a case based on emotion instead of fact.