How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit 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 prove that the actions of the doctor resulted in losses and injuries. This will require medical and hospital documents.

Complaint

Your attorney will file a court complaint and summons if he or she has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based on the premise that nurses, doctors or other healthcare providers are obligated to a patient the same level of care. This standard is the level of expertise and prudence reasonable doctors with similar training would use in similar circumstances. Your legal team will have to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

A physician's standard of care is usually an issue of opinion, and it is difficult to prove. This is why it is essential to select a law firm that has access to expert witnesses who can testify on the medical field and what an experienced professional in your doctor's situation would have done.

It's not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is particularly true for emergency room staff, as errors are usually due to a crowded environment and overworked workers. Your lawyer could be in a position to secure experts from emergency room staff who can show the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase the attorney will collect and review evidence that could prove a malpractice claim. This includes medical records and witness statements as and expert testimony. The legal team representing the other side will also have the option to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials may be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of your doctor. This is the most difficult part of a malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses who can demonstrate the negligence of the doctor. This could include radiologists, dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer is skilled in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. This is especially common in medical malpractice cases as the costs of the trial process can be high. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If no settlement can be reached, your case could proceed to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant along with a summons.

The next stage is discovery. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The goal is to establish that the error was the result of the negligence of the doctor and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records and details about your case to prepare for their depositions and testimonies. They may also help in the preparation of your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process can go on for many years. In this time, you are recovering from your injuries and determining how much of your damages. It's in everyone's interest to settle out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement offer is reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant 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 surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

To be able to bring a valid legal action, the defendant must also show that a competent lawyer could have helped avoid financial loss or at the very least, reduce its size. This is sometimes called the "but for test". In addition, it is essential to prove that the plaintiff incurred costs in the pursuit of a legal claim that is more than the amount of compensation sought.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. In general, the more severe the injury, the higher the award. A decision that is found to be a success could be overturned by an appeal. Settlements outside of court could be beneficial for certain clients. It can save time and money on litigation fees, as well as avoid the potential risk of having a jury judge an issue on the basis of emotion rather than facts.