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How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your attorney will prepare a court-appointed complaint and summons after he has discovered evidence of negligence. The complaint will name the defendants and describe the allegations you bring against them.

malpractice law firms claims are based upon the belief that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This is the amount of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable injury.

A doctor's standard of care is usually an issue of opinion, and can be difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide proof of what a competent professional would have done.

It's not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is especially true of emergency room staff, where errors are usually due to a chaotic environment and overworked staff. Your lawyer may be in a position to obtain experts from emergency room personnel who can show the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery phase your lawyer will collect and review evidence that may help in proving a malpractice lawyers case. This includes medical records, witness statements expert testimony and more. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is typically done through interrogatories and requests for the production of documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also depose witnesses who can prove the doctor was negligent. This includes radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your attorney will be skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, before they reach the trial stage. In medical malpractice cases, this is especially common because the cost of going to trial can be expensive. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement isn't attainable the case will go to trial.

Trial

Once your attorney has completed the initial investigation and decides you have an excellent 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. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these statements to prove that the doctor violated the standard of care. The goal is to prove that the error resulted of negligence by the doctor and resulted in damages.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will also work with one or two expert witnesses to support 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 preparing your case for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the extent of your injuries. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement offer with your current and potential recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the surgery was perfect but the patient lost an arm in the process, then the medical professional could be held responsible for malpractice.

A victim can also prove that a competent lawyer could have prevented or reduced the financial loss. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred costs in the pursuit of 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 can be attained in a malpractice case including the past, present and future medical expenses and lost income, as well as suffering as well as other non-economic losses. The greater the amount of money awarded, the more serious injury. However, a ruling that is successful could be reversed upon appeal. Settlements outside of court may be beneficial for a few clients. It will save money and time on court costs. It also eliminates the risk of a juror deciding a case based on emotion instead of fact.