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 certain time period within which the suit may be filed.

In addition to the need to prove negligence, the plaintiff must prove that the actions of the doctor resulted in 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 lawsuit in court, along with a summons. The complaint names the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the idea that a doctor or nurse or other healthcare provider owes the patient a standard of care. This is the amount of skill and caution the reasonably prudent doctor with similar training would employ in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer damage.

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

It's not just physicians who make medical errors; hospital personnel, including nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly relevant to emergency room personnel where mistakes are frequently made due to a busy atmosphere and overworked workers. Your attorney may be able to secure testimony from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor did not meet this standard.

Discovery

In the discovery phase the attorney will gather and analyze evidence that could support a malpractice case. This includes medical records, witness statements, expert testimony, and more. The legal team on the other side can also have the chance to request this information from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also interview any witnesses that can support the negligence of the doctor. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is particularly true for medical malpractice cases, since the costs involved in the trial process can be expensive. After the facts of your case have been established, a settlement can be discussed between you and your insurer of your doctor. If a settlement cannot be reached, malpractice your case may proceed to trial.

Trial

After your attorney completes 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 will be given to the defendant along with the summons.

Discovery is the next step. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidence to show that your doctor violated the standards of care. The aim is to prove that the error was a result of the doctor's negligence and caused damages.

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

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process continues throughout the case and may last for several years. During this time, it is important that you are recovering from your injuries and determining how much of your losses. 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 with your current and future settlement. If the settlement offer is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant contributed to the damages. For instance, if the doctor did not inform the patient that a surgery had a 30% chance of losing a limb. Moreover, Malpractice if the procedure was done correctly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim may also show that a skilled lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also required to prove that the plaintiff has incurred expenses to pursue a successful legal claim that are greater than the amount of compensation sought.

Our medical malpractice attorneys can explain the various kinds of damages that may be awarded in a malpractice case including past, current and future medical expenses as also loss of income as well as pain and discomfort and other non-economic losses. The more money you are awarded the more serious the damage. A ruling that is deemed to be successful can be overturned by an appeal. Therefore, settling the case outside of court could be a good alternative for some clients. It could save money and time on court costs. It also reduces the risk of a jury making a decision based on emotion instead of fact.