How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, for example the time frame within which a lawsuit can be filed.

The claimant must also demonstrate 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 identifies the defendants in your case and clearly states the allegations you're making against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider owes a patient a standard of treatment. This is defined as the degree of expertise and prudence that a reasonably prudent medical professional trained similarly could exercise in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable damage.

It can be challenging to prove that a doctor's standards are the same as another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a professional of reasonable standards would have done.

It's not just doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially the case for emergency room personnel where mistakes are made due to a busy atmosphere and overworked personnel. Your attorney may be in a position to obtain an expert opinion from the emergency room personnel who can explain what should have happened and why your doctor was unable to meet this standard.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may be used to support a malpractice claim. This includes medical documents, firms witness statements expert testimony, and more. The information may also 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 privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most difficult element of a medical malpractice case because it requires an expert testimony to support your claim.

Your lawyer will also call any witnesses that can support the negligence of the doctor. This can include assistants, nurses, radiologists, dentists and firms other personnel who were involved in your care. Your attorney will know how to take effective and strong depositions to make witnesses to admitting that the doctor was negligent.

The majority of lawsuits are settled before they go to trial. In medical malpractice cases this is particularly common due to the fact that going to trial can be expensive. After the facts of your case are established, a settlement can be agreed upon between you and the insurance company for the doctor. If a settlement is not agreed upon, your case will be heard in court.

Trial

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

The next phase is discovery. The next phase is discovery. This involves the exchange and deposition of witnesses. The lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The objective is to establish that the error resulted of negligence on the part of the doctor and caused damage.

In addition to the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their deposition and testify. They may also aid in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process could last for several years. During this time period, you are recovering from your injuries and determining the magnitude of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and future settlement. If the settlement proposal is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. If, for example, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of leg, and the procedure was perfect but the patient lost an arm or limb, the doctor could be held responsible for negligence.

A victim could also prove that a skilled lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". It is also necessary to demonstrate that the plaintiff was liable for costs in the pursuit of a legal claim which are over the amount sought for compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be suffered 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 greater the amount of money awarded is, the more serious injury. A decision that is found to be a success could be rescinded by appeal. Settlements outside of court may be advantageous for some clients. It will save money and time on court costs. It also helps avoid the risk of having a jury deciding a case based on emotions rather than facts.