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 time limit in which the suit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the amount of skill and caution that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer damage.

The standard of care a physician provides is usually a matter of opinion, and it is difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

It's not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is especially the case for emergency room personnel where mistakes are frequently caused by a busy environment and overworked employees. Your attorney may be able obtain evidence from experts in the emergency room who can explain what could have been done and why your doctor's actions were not up to the standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might be used to support a malpractice law firm claim. This includes medical documents, witness statements, expert testimony, and more. This information can also be requested by the opposing legal team. This can be done via interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential because of privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to take powerful and effective depositions to make witnesses to acknowledge that the doctor's negligence was a factor.

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 of your case have been established, a settlement may be discussed between you and your insurance company of the doctor. If a settlement cannot be reached your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and will be given to the defendant in the summons.

The next stage is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The goal is to show that the error was caused by the negligence of your doctor, and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will be given medical records and detailed information about your case to prepare for their deposition and testify. They may also assist in making your case ready for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. This process could last for many years. In this time, you will be recovering from your injuries and determining the magnitude and value of your damages. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement proposal is reasonable, then your lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the procedure was flawless, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.

A victim may also show that a competent lawyer could have prevented or mitigated their financial loss. This is commonly referred to as the "but for" test. It is also required to show that the plaintiff has incurred expenses in pursuing a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various forms of damages that can be caused by a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering and other economic and non-economic losses. In general, the more severe the injury, the higher the award. A ruling that is deemed to be successful can be overturned by an appeal. Settlements outside of court may be beneficial to some clients. It can save time and money in litigation fees, as well as avoiding the possibility of having a jury judge an issue on the basis of emotions instead of facts.