How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be adhered to including a time limit in which the suit can be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, he or she will file a lawsuit in court along with summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the idea that nurses, doctors, or other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the level of care and skill that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team must to prove that your doctor breached this standard and caused injuries to which you sustained damages quantifiable.

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

It's not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly true of emergency room staff, where mistakes are often made due to a hectic atmosphere and overworked staff. Your attorney may be in a position to obtain an expert witness from the emergency room personnel who can demonstrate what should have happened and the reason why your doctor failed to 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 provide evidence to support a claim for malpractice attorneys. This includes medical documents, witness statements expert testimony and more. The other side's legal team can also have the chance to obtain this information from you and your attorney. This usually happens through inquiries and requests for production of documents. Certain documents may be considered to be confidential and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult component of a medical negligence claim, as it requires expert testimony to support your claim.

Your lawyer will also depose witnesses who can prove that the doctor's actions were negligent. This can include radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled before they reach the trial stage. This is particularly common in medical malpractice cases since the cost of a trial can be very high. Once the facts are established then you can negotiate a settlement with the insurer of the doctor. If a settlement isn't reached, your case may be heard in court.

Trial

After your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be served to the defendant with a summons.

Discovery is the next stage. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use the statements to prove that the doctor violated the standard of care. The aim is to prove that the error resulted of negligence on the part of the doctor and caused damages.

In addition to the witness statement Your medical malpractice lawyer will work with two or three expert witnesses to back up your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

Your attorney will start talks with the defense team as part of the trial preparation. This process continues throughout the trial and attorneys can take up to several years. During this period, you'll be recovering from your injuries and determining the size and amount of your damages. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer with your current and potential recovery. If the settlement offer seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant caused the damages. For example, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb, and the procedure was done correctly but the patient lost their arm, the medical professional may be liable for malpractice.

To have a viable malpractice suit, the plaintiff must also prove that a competent attorney would have been able to avoid financial loss or at a minimum, lessen its size. It is sometimes referred to the "but for test". It is also necessary to show that the plaintiff has paid for expenses in pursuit a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice attorneys can explain the various types of damages that can be given in a malpractice lawsuit that include past, current and future medical expenses, as along with lost income or income, pain and discomfort and other economic or non-economic losses. In general, the more severe the injury, the more the amount of compensation. A successful verdict may be overturned by an appeal. Therefore, settling the case outside of court can be a viable alternative for some clients. It can save money as well as time in litigation fees. It also helps avoid the risk of having a jury making a decision based on emotions rather than facts.