How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, for example the time frame within which a lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must prove that the doctor's actions led to injuries and losses. This will require hospital and medical records.

Complaint

When your attorney's inquiry has revealed evidence that a malpractice was committed, he will file a complaint in court, along with summons. The complaint will identify the defendants and state the allegations against them.

The basis for malpractice law firm claims is the notion that a doctor, nurse or other healthcare provider owes the patient a minimum standard of care. This is defined as the level of care and skill that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable damages.

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

Not only physicians can make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is particularly the case for emergency room personnel where mistakes are usually caused by a busy atmosphere and overworked workers. Your attorney may be able to secure testimony from experts in the emergency department that can assist in proving what should have been done and why your doctor's actions did not meet this standard.

Discovery

In the discovery phase your lawyer will collect and review evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. The legal team on the other side can also have the chance to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials could be protected and confidential because of privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult part of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer will also question witnesses who can prove the negligence of the doctor. This can include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your lawyer will be proficient in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. In the case of medical malpractice this is the most common due to the fact that going to trial can be quite expensive. Once the facts are established, you can negotiate an agreement with the doctor's insurer. If a settlement is not reached, your case could go to trial.

Trial

When your lawyer 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 be sent to the defendant in the summons.

Discovery is the next stage. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The objective is to establish that the error was a result of negligence by the doctor and resulted in damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your attorney will begin discussions on settlement with the defense during the trial preparation. This process continues throughout the case and may last for years. In this time, it is likely that you'll be recovering from your injuries while determining the amount and value of your losses. If possible, it's the best option for everyone to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement with your current and future recoveries. If the settlement offer is reasonable then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. For example, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was perfect, but the patient lost a limb in the process, then the medical professional could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced the financial loss. This is commonly referred to as the "but for" test. Additionally, it is important to show that the plaintiff has incurred expenses to pursue a successful legal claim that are more than the amount sought as compensation.

Our medical malpractice lawyers can explain the various forms of damages that may be attained in a malpractice case including future, present and past medical expenses and lost income, as well as suffering and malpractice lawyers pain and suffering, as well as other non-economic losses. The more money you are awarded the more serious the damage. However, a successful verdict may be rescinded in appeal. Therefore, settling the case outside of court could be a viable option for certain clients. It can help save time and money on litigation fees, as well as avoiding the possibility of having a jury decide an issue on the basis of emotions rather than facts.