How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a certain time period within which the suit could be filed.

In addition to proving negligence, the claimant must also prove that the actions of the doctor resulted in losses and injuries. This will require hospital and medical records.

Complaint

Your lawyer will file a court complaint and summons after he has found evidence of malpractice. The complaint will identify the defendants, Malpractice Lawsuits and then state the allegations you have made against them.

Malpractice claims are founded on the idea that doctors, nurses or other healthcare providers owe a patient the same level of care. This standard is the level of competence and care an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team needs to show that your doctor did not meet this standard, resulting in injuries from which you sustained damages quantifiable.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

Not only doctors make mistakes, but also hospital personnel, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are often caused by a hectic atmosphere and overworked workers. Your attorney might be able obtain evidence from experts in the emergency room that can assist in proving the proper procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to prove a malpractice claim. This includes medical records and witness statements as and expert testimony. The legal team representing the other side will also have the opportunity to request the information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. Certain materials may be privileged and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is due to negligence by the doctor. This is the most difficult aspect of a medical negligence case because it requires an expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can support the doctor's negligent actions. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. For medical malpractice cases this is the most common as the costs of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be negotiated between you and the insurer of your doctor. If a settlement is not agreed upon, your case will be heard in court.

Trial

After your attorney completes the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state your allegations and must be served to the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these documents to prove your doctor's breach of the standard of care. The objective is to prove that the error resulted from the negligence of the doctor that caused damages.

In addition to the witness's testimony, your medical malpractice attorneys attorney will work with two or three expert witnesses to prove your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process can last for many years. During this time, you will be recovering from your injuries while determining the magnitude and value of your damages. It's in everyone's interest to settle outside of court whenever feasible. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For instance, if the doctor did not inform the patient that a surgery had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To have a viable malpractice lawsuit, the victim must also prove that a competent attorney could have been able avoid financial loss or at least reduce the amount. This is sometimes referred to as the "but for" test. In addition, it is essential to prove that the plaintiff has incurred expenses in pursuit of a successful legal claim that are greater than the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be awarded in a case of malpractice, including past, current and future medical expenses as along with lost income and pain and discomfort and other economic or non-economic losses. In general, the more serious the injury, malpractice Lawsuits higher the amount of compensation. However, a decision that is successful may be rescinded when appealed. Settlements outside of court may be advantageous for some clients. It can save money and time on court costs. It also avoids the possibility of a jury choosing a case based on emotions rather than facts.