How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to be followed, which include a time limit within which the lawsuit can be filed.

The claimant must also prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will submit a court complaint as well as summons when he/she has discovered evidence of malpractice. The complaint will identify the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a standard of treatment. This standard is the level of skill and caution the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.

It isn't easy to prove that a physician's standard is the same as another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

Not only doctors make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true for emergency room staff, whose mistakes are frequently made due to a hectic atmosphere and overworked workers. Your lawyer may be able to obtain testimony from experts in the emergency room who can provide evidence of what could have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery phase the attorney will collect and review evidence that could provide evidence to support a claim for malpractice. This could include medical records, witness statements, as and expert testimony. The legal team of the other side may also be able to request this information from you and your attorney. This is typically done via interrogatories and requests for the production of documents. Certain materials may be privileged and confidential because of privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also depose any witnesses that can prove the doctor's negligent actions. This includes radiologists, dentists, nurses, assistants and other personnel who were involved in the care of your health. Your attorney will know how to conduct effective and powerful depositions so that witnesses to admit that the doctor's negligence.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. This is especially common in medical malpractice cases as the costs associated with a trial can be very high. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurer of your doctor. If no settlement can be agreed upon, your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and decides you have a strong malpractice case they will file the complaint. The complaint will be clear in its allegations and must be served on the defendant, along with a summons.

The next phase involves discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standards of care. The aim is to prove that the error resulted of negligence on the part of the doctor and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will also work with two or more expert witnesses to back up your claim. They will be provided with medical records and specific information about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process is ongoing throughout the trial, and can sometimes last for many years. During this time period, you are recovering from your injuries and determining the extent of your losses. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. For instance, if the doctor failed to inform the patient that a surgery was a 30 percent risk of losing a limb and the procedure was done correctly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim could also prove that a skilled lawyer could have prevented or minimized their financial loss. This is sometimes referred to as the "but for" test. It is also necessary to prove that the plaintiff has paid for expenses in pursuit a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be suffered in a malpractice lawsuit including future, present and past medical expenses as well as lost income, suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded, the more serious injury. However, a successful verdict is sometimes overturned in appeal. Settlements outside of court can be beneficial to some clients. It will save time and money on litigation fees, as well being able to avoid the potential risk of having a jury judge a case on the basis of emotions instead of facts.