How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include a deadline within which the lawsuit may be filed.

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

Complaint

Your attorney will make a court complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you make against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider owes the patient a certain standard of care. This is defined as the amount of care and skill that a reasonable medical professional with similar training would exercise in similar circumstances. Your legal team will have to show that your doctor violated this standard, resulting in injuries from which you sustained damages quantifiable.

It can be difficult to prove that a doctor's standards are the same as another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to testify about what a competent professional would have done.

It is not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists can be liable for malpractice. This is especially relevant to emergency room personnel where mistakes are caused by a hectic environment and overworked staff. Your attorney might be able to obtain testimony from experts in the emergency room who can provide evidence of the correct procedure and how your doctor's actions fell short of this standard.

Discovery

During the discovery process the attorney will gather and review evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony, and more. The other side's legal team may also be able to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials are considered to be privileged and secret due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury was the result of a medical professional's negligence. This is the most difficult part of a malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer can also question witnesses who can prove that the doctor was negligent. This could include radiologists, dentists nurses, assistants, nurses as well as other individuals who were involved in the treatment of your health. Your attorney will know how to take effective and powerful depositions so that witnesses to acknowledge that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, before they get to the trial stage. For medical malpractice cases it is a common practice because the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement cannot be reached your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that 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 the summons.

Discovery is the next phase. The next stage involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The goal is to prove that the error resulted from the negligence of the doctor that resulted in damages.

In addition to the witness's testimony, your medical malpractice attorney will collaborate with two 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 depositions and testimony. They may also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. This process could last for many years. During this time, you are recovering from your injuries and determining the magnitude of your damages. If you can, it is in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement against your current and future recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For example, if the doctor did not inform the patient that a surgical procedure was a 30 percent risk of losing a limb, and the procedure was completed perfectly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent lawyer could have been able to avoid financial loss or at a minimum, lessen its size. This is often referred to as the "but for" test. It is also important to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, malpractice attorney which is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various forms of damages that may be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering as well as other non-economic losses. In general, the more serious the injury, malpractice attorney the higher the award. However, a verdict that is deemed to be a success may be rescinded when appealed. Settlements that are not in court may be beneficial to some clients. It will save time and money in costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotions instead of fact.