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How to File a Medical Malpractice Lawsuit

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

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

Complaint

If your attorney's probe has uncovered evidence that malpractice occurred, the attorney will file a lawsuit in court along with summons. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are based on the belief that a physician or nurse or other healthcare provider owes a patient a standard of care. This is defined as the level of skill and caution that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team needs to show that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

The standard of care a physician provides is often a matter of opinion, and is difficult to prove. This is why it is important to work with a legal firm that has access to expert witnesses who can provide testimony about the medical field and what a reasonable professional in your situation would have done.

It's not only doctors who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is particularly true of emergency room staff, where mistakes are frequently made due to a crowded environment and overworked staff. 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 did not meet the standards.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony, and more. The legal team representing the other side may also be able to request the information from you and your attorney. This is typically done via inquiries and requests for production of documents. However, certain materials 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 is due to the doctor's negligence. This is the most challenging part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also question witnesses who can demonstrate the negligence of the doctor. This includes radiologists, dentists nurses, assistants, and other people who were involved in the care of your health. Your lawyer will be adept at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. In medical malpractice cases, this is especially common due to the fact that 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 insurance company of the doctor. If a settlement cannot be agreed upon, your case will go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant along with a summons.

Discovery is the next phase. The next phase is discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidences to prove the doctor's breach of standard of care. The aim is to prove that the error was a result from the negligence of the doctor that caused damage.

Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will work with two or three expert witnesses to back up your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process can last for several years. In this time, you'll be recovering from your injuries and determining the magnitude and value of your injuries. If you can, it is the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement offer seems reasonable then 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 instance, if a doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

To have a viable malpractice lawsuit, the victim must also prove that a competent attorney would have been able to reduce their financial loss, or at least minimize the amount. This is sometimes called the "but for test". It is also important to show that the plaintiff was liable for costs in the pursuit of a legal claim that is more than the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that can be sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, pain and suffering and other non-economic losses. The higher the amount, the more serious injury. However, a verdict that is deemed to be a success can sometimes be overturned upon appeal. Settlements outside of court can be beneficial for a few clients. It will reduce time and cost in litigation fees, as well as avoid the potential risk of having a jury judge a case on the basis of emotion rather than facts.