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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, such as a time limit within which the lawsuit may be filed.

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

Complaint

Your attorney will submit a court complaint as well as summons once he or she has found evidence of misconduct. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based upon the belief that nurses, doctors or other healthcare providers are obligated to a patient an appropriate level of care. This is the standard of competence and prudence that reasonable doctors who has similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable harm.

It isn't easy to prove that a physician's standard is the same as another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to provide proof of what a reasonable doctor would have done.

Not only physicians can make mistakes, but also hospital staff, such as anesthesiologists and nurses. This is especially true of emergency room staff, as mistakes are often attributed to a crowded environment and overworked employees. Your attorney may be in a position to get experts from emergency room staff who can demonstrate what should have happened and why your doctor was unable to meet the standard.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and analyze evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. The legal team of the other side will also have the opportunity to request 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 because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult aspect of a medical malpractice case because it requires an expert testimony to back your claim.

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

The majority of lawsuits are resolved or settled, before they reach the trial stage. In the case of medical malpractice this is particularly common as the costs of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement isn't attainable, your case will then go to trial.

Trial

Your lawyer will file a complaint after completing the initial investigation. If they conclude that you have a compelling case for malpractice law firms, they will file it. This will clearly outline the allegations and will be given to the defendant along with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidences to prove the doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of the doctor and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. They will be provided with medical records and specific information regarding your case to prepare for their deposition and testimony. They may also help in the preparation of your case for trial.

Your attorney will begin negotiations with the defense team as part of the preparation for trial. The process continues throughout the course of the trial and can sometimes last for many years. During this time, it is important that you are recovering from your injuries and determining the extent of your losses. If you can, it is in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement with your current and future settlement. If the settlement is fair the lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the surgery was successful, but the patient lost an arm in the process, then the medical professional may be held accountable for malpractice.

In order to have a legitimate malpractice lawsuit, the victim must also prove that a competent attorney could have helped avoid financial loss or at the very least, reduce the amount. This is often referred to as the "but for test". It is also important to show that the plaintiff incurred costs to pursue a successful legal claim that is more than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be suffered in a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and pain and suffering, and other economic and non-economic losses. Generally, the more serious the injury, the greater the award. A verdict that is successful could be overturned by an appeal. Therefore, settling out of court may be a viable option for certain clients. It will reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of fact.