How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain guidelines that must be met with a specific time frame within which the suit could be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

If your attorney's probe has found evidence that fraud was committed, he will file a lawsuit in court along with a summons. The complaint will identify the defendants and make the allegations against them.

The basis for malpractice claims is the belief that a physician or nurse or other healthcare provider owes a patient a minimum standard of care. This is defined as the level of competence and care that a reasonable medical professional with similar training could exercise in similar situations. Your legal team needs to prove that your doctor did not meet this standard and caused injuries to which you have suffered damages that are quantifiable.

The standard of care for a doctor is usually an issue of opinion, and it is difficult to prove. This is why it's essential to select a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not only doctors who make medical errors; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is especially true for emergency room staff, where errors are usually due to a chaotic environment and overworked employees. Your attorney might be able obtain evidence from experts in the emergency department who can provide evidence of the proper procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might provide evidence to support a claim for malpractice. This could include medical records, witness statements as in addition to expert testimony. The legal team on the other side may also be able to obtain this information from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain documents could be privileged or confidential because of privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to take powerful and convincing depositions to make witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they reach the trial stage. For medical malpractice cases this is the most common as the costs of going to trial can be quite expensive. Once the facts of your case are established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

Your lawyer will file a lawsuit after an initial investigation. If they decide that you have a convincing case for malpractice, they will file the complaint. It will state clearly your claims and will be served to the defendant along with a summons.

The next phase involves discovery. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to show that your doctor violated the standards of care. The goal is to establish that the error was caused by the negligence of your doctor, and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. They will be provided with medical records as well as detailed information about your case to prepare for their depositions and testimonies. They may also help in preparing your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. This process could last for several years. During this time, you'll be recovering from your injuries while determining the extent and value of your losses. It's in everyone's best interest to settle the matter out of court whenever feasible. Your attorney will carefully weigh the merits of a settlement against your present and long-term recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that negligence on the part of the defendant caused these damages. If, for instance, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of a arm, and the operation was perfect but the patient lost a limb or limb, the doctor could be held accountable for negligence.

In order to be able to file a valid legal action, the defendant must also show that a competent attorney could have been able to reduce their financial loss, or at least reduce its size. This is often referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which are higher than the amount demanded in compensation.

Our medical ardmore malpractice law firm lawyers are able to explain the various types of damages that can be granted in a malpractice case, including past, current and future medical expenses, as also loss of income, pain and discomfort, and other non-economic losses. The higher the amount the more serious the injury. However, a successful verdict could be reversed on appeal. So, settling out of court may be a good 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 judge cases on the basis of emotions rather than facts.