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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to follow, including a time limit within which the lawsuit can be filed.

The claimant also has to prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

Your lawyer will submit a court complaint as well as summons once he or she has discovered evidence of negligence. The complaint will identify the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded on the premise that doctors, nurses or other healthcare professionals owe patients the same level of care. This is the standard of competence and prudence that a reasonably prudent doctor with the same training would employ in similar situations. Your legal team will have to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

A physician's standard of care is usually a matter of opinion, and is difficult to prove. This is why it's crucial to choose a law firm with access to expert witnesses who can give testimony on the medical field and what an experienced professional in your doctor's position would have done.

It's not only doctors who make medical errors; hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff where mistakes are often caused by a busy environment and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency department who can explain what should have been done and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase your lawyer will gather and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements, expert testimony and more. The legal team of the other side can also have the chance to request this information from you and your attorney. This is typically done through inquiries and requests for production of documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult part of a medical negligence case as it requires an expert testimony to back your claim.

Your lawyer can also question witnesses who can prove that the doctor was negligent. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the care of your health. Your lawyer will know how to take effective and powerful depositions to ensure that witnesses to accept that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they reach the trial stage. For medical malpractice cases this is particularly common because the cost of going to trial can be expensive. After the facts of your case have been established, a settlement can be reached between you and the insurance company of the doctor. If a settlement isn't reached, your case may proceed to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they determine that you have a convincing case of malpractice, then they will file it. The complaint will clearly state your claims and will be served to the defendant along with a summons.

The next phase involves discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use the evidence to show that your doctor violated the standard of care. The aim is to demonstrate that the error was caused by the negligence of the doctor and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. They will be provided with medical records as well as detailed information about your case to prepare for their testimony and deposition. They may also help in making your case ready for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process can take many years. During this time period, you are recovering from your injuries and determining the severity of your losses. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recoveries. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor failed to inform the patient that a surgery was associated with a 30 percent chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

In order to be able to file a valid malpractice suit, the plaintiff must prove that a competent attorney could have been able prevent their financial loss or at a minimum, lessen the size. This is often referred to as the "but for test". It is also necessary to prove that the plaintiff has paid for expenses in pursuing a successful legal claim, that is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that may be caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the higher the amount of compensation. A verdict that is successful could be challenged by an appeal. Settlements outside of court may be advantageous for some clients. It can save money and time on court costs. It also eliminates the risk of having a jury choosing a case based on emotions instead of facts.