How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines that must be met including a specified time period within which the suit could be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

When your attorney's inquiry has found evidence that fraud occurred, he or she will file a formal complaint in court, along with summons. The complaint will identify the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based on the premise that doctors, nurses or other healthcare professionals owe patients the same level of care. This is defined as the degree of competence and care that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damage.

A physician's standard of care is often a matter of opinion, and it can be difficult to prove. This is why it's crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what a reasonable professional in your situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are made due to a busy atmosphere and overworked personnel. Your attorney may be able to obtain testimony from experts in the emergency room who can provide evidence of what could have been done and why your doctor's actions did not meet this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to be used to support a malpractice claim. This includes medical records and witness statements, as and expert testimony. This information can be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. However, certain documents may be classified as confidential or privy due to 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 aspect of a medical negligence claim as it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligent actions. This could include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your attorney will be skilled in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In medical malpractice cases it is a common practice because the cost of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate a settlement with the doctor's insurer. If no settlement can be reached, your case may go to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant in a summons.

The next phase involves discovery. This involves the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to prove that your doctor did not follow the standard of care. The goal is to establish that the error was caused by the negligence of the doctor, and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with one or two experts to support your claim. These experts will be provided medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process is ongoing throughout the case and can take up to several years. During this time period, you are recovering from your injuries and determining the magnitude of your damages. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement offer is reasonable the lawyer will be able to convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was perfect but the patient lost a limb, then the medical professional may be held accountable for malpractice law firm.

In order to have a legitimate malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to stop their financial loss or at the very least, reduce the size. This is commonly referred as the "but for" test. It is also essential to prove that the plaintiff's expenses in pursuit of a successful legal claim which are greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be caused by a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, suffering and other economic and non-economic losses. The higher the amount is, the more serious injury. A successful verdict may be overturned by an appeal. Settlements that are not in court may be advantageous for some clients. It can save money as well as time in litigation fees. It also reduces the risk of a juror ruling on a case based upon emotion instead of fact.