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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, such as a time limit within which the lawsuit may be filed.

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

Complaint

If your attorney's probe has uncovered evidence that malpractice occurred, the attorney will file a formal complaint in court and issue summons. The complaint identifies the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded on the premise that nurses, doctors or other healthcare professionals owe patients a certain standard of care. This standard is the level of competence and care an appropriately prudent doctor with the same training would employ in similar situations. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

A physician's standard of care is often an issue of opinion, and it is often difficult to prove. This is why it's crucial to choose a law firm with access to experts who can testify on the medical field and what a reasonable professional in your doctor's position would have done.

Not only physicians can make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are usually caused by a hectic atmosphere and overworked personnel. Your attorney may be in a position to secure expert testimony from emergency room personnel who can show what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may support a malpractice claim. This could include medical records, witness statements, as and expert testimony. The information may be requested by the legal team opposing the case. This is usually done through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligent doctor. This is the most difficult component of a medical negligence claim, as it requires expert evidence to support your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to conduct powerful and effective depositions to make witnesses to acknowledge that the doctor's negligence.

Most lawsuits are settled, or settled before they reach the trial stage. This is particularly common for medical malpractice cases, since the costs of the trial process can be high. After the facts of your case have been established, a settlement could be agreed upon between you and the insurer of your doctor. If a settlement isn't possible your case will go to trial.

Trial

When your lawyer has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served on the defendant along with a summons.

Discovery is the next phase. The next stage involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to establish your doctor's violation of the standard of care. The goal is to show that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness's testimony, your medical malpractice attorney will work with two or three expert witnesses to back up your claim. They will be provided with medical records as well as detailed information about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your lawyer will begin talks with the defense during the preparation for trial. This process continues throughout the trial and can last for several years. During this period, you'll be recovering from your injuries and determining the magnitude and value of your injuries. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recoveries. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. For example, if the doctor did not inform the patient that the surgery was a 30 percent risk of losing a limb and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must also prove that a competent attorney could have been able reduce their financial loss, or at the very least, reduce its size. This is sometimes referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff incurred costs to pursue a successful legal claim that are more than the amount sought for compensation.

Our medical malpractice lawyers can explain the various types of damages that can be caused by a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering as well as other non-economic losses. The higher the award the more serious the injury. However, a decision that is successful can sometimes be overturned in appeal. Therefore, settling the case outside of court may be a beneficial option for certain clients. It could save money and time on litigation costs. It also eliminates the risk of a juror ruling on a case based upon emotion rather than fact.