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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, including a time limit within which a lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must prove that the doctor's actions caused injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has found evidence of malpractice. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider is obligated to a patient a certain standard of care. This is the standard of competence and prudence that the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer damages.

The standard of care for a doctor is usually an issue of opinion, and it is difficult to prove. This is why it is important to hire a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is particularly true for emergency room staff, where errors are usually due to a chaotic environment and overworked workers. Your attorney might be able to get testimony from experts in the emergency department who can help demonstrate what should have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase the attorney will collect and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony, and more. The other side's legal team will also have the opportunity to request these documents from you and your attorney. This is usually done through inquiries and requests for production of documents. Certain materials could be protected and secret due to privacy laws, for instance HIPAA's Privacy Rule.

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

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

Most lawsuits are settled, or settled before they reach the trial stage. For medical malpractice cases this is the most common since the cost of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If no settlement can be reached, the case may go to trial.

Trial

Your attorney will file a lawsuit after an initial investigation. If they conclude that you have a compelling case for malpractice lawsuits, then they will file it. This will clearly state the allegations and be sent to the defendant along with the summons.

Discovery is the next step. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these statements to establish the doctor's breach of standard of care. The objective is to prove that the error was caused by the negligence of your doctor, and caused damage.

Your medical malpractice attorneys attorney 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 testimony. They can 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. This process could last for many years. During this period, you will be recovering from your injuries while determining the amount and value of your losses. It's in everyone's interest to settle outside of the courtroom and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement with your current and future settlement. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the surgery was perfect but the patient lost an arm or limb, the doctor could be held responsible for malpractice.

A victim could also prove that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also essential to show that the plaintiff has incurred costs in pursuit a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that could be attained in a malpractice case including the past, present and future medical expenses loss of income, pain and suffering and other economic and non-economic losses. The more serious the injury, the higher the award. A successful verdict may be overturned by an appeal. So, settling outside of court could be a viable option for some clients. It will help save time and money on litigation fees, as well as avoid the potential risk of having a jury judge an issue on the basis of emotions rather than facts.