How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to follow, such as a deadline within which the lawsuit can be filed.

In addition to showing negligence, the claimant must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Once your attorney's investigation has found evidence that fraud occurred, the attorney will file a formal complaint in court, along with a summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the notion that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This standard is defined as the degree of skill and caution that a reasonably prudent medical professional with similar training would exhibit in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable harm.

A physician's standard of care is often an issue of opinion, and it can be difficult to prove. This is why it is essential to select a law firm with access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only physicians can make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are frequently made due to a busy environment and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency department who can provide evidence of what should have been done and how the actions of your doctor did not meet the standards.

Discovery

During the discovery process the attorney will collect and look over evidence that might prove a malpractice claim. This includes medical documents, witness statements expert testimony and more. The legal team on the other side will also have the opportunity to obtain this information from you and your attorney. This usually happens through inquiries and requests for production of documents. However, certain materials may be confidential or protected due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most difficult part of a malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, 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 to ensure that witnesses to admitting that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially true for medical malpractice cases, since the costs involved in a trial can be very expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurer of the doctor. If a settlement isn't possible the case will go to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a solid malpractice law firms case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant in a summons.

The next stage is discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of the statements to prove that your doctor violated the standard of care. The goal is to show that the error was caused by the doctor's negligence, and resulted in damages.

In addition to the witness statement Your medical malpractice lawyer will work with two or three expert witnesses to prove your claim. These experts will receive medical records as well as detailed information regarding your case to prepare for their deposition and testimony. They may also help in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process can go on for several years. In this time, you'll be recovering from your injuries and determining the amount and value of your damages. It is in everyone's best interests to settle the matter out of court whenever possible. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement offer seems reasonable the lawyer will be able to convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For example, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of a leg, and the surgery was perfect but the patient lost an arm in the process, then the medical professional may be held accountable for malpractice lawsuits.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. This is sometimes called the "but for test". It is also required to show that the plaintiff has paid for expenses in pursuit a successful legal claim, that is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that could be awarded in a malpractice case that include past, current and future medical expenses as in addition to lost income, pain and discomfort, and other non-economic losses. The higher the amount the more serious the damage. However, a ruling that is successful may be rescinded upon appeal. So, settling outside of court can be a beneficial option for certain clients. It can save time and money in costs for litigation, as well as avoiding the risk of having a jury judge cases on the basis of emotion rather than fact.