How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed including a specified time period in which the suit can be filed.

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

Complaint

Your lawyer will submit a court complaint as well as summons when he/she has found evidence of misconduct. The complaint will identify the defendants, and malpractice lawyers then state the allegations you make against them.

Malpractice claims are founded on the idea that nurses, doctors or other healthcare professionals owe patients the same level of care. This is the standard of competence and prudence that an appropriately prudent doctor with similar training would use in similar situations. Your legal team will have to prove that your doctor violated this standard and caused injuries to which you sustained quantifiable damages.

It isn't easy to prove that a physician's standard is the same as another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable doctor would have done.

Not only physicians can make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is especially true for emergency room staff, where mistakes are often made due to a chaotic environment and overworked workers. Your attorney may be able to obtain expert testimony from emergency room personnel who can provide evidence of the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical records and witness statements, as and expert testimony. The information may be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain materials may be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

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

Your lawyer will also question any witnesses that can support the doctor's negligent actions. This can include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions so that witnesses to admitting that the doctor was negligent.

Most lawsuits are settled before going to trial. In cases involving medical malpractice this is the most common as the costs of going to trial can be expensive. After the facts of your case have been established, a settlement may be reached between you and the doctor's insurance company. If a settlement isn't reached, the case may go to trial.

Trial

Your lawyer will file a complaint following having completed the initial investigation. If they decide that you have a solid case for malpractice attorneys, they will file it. It will state clearly your allegations and must be served to the defendant with a summons.

Discovery is the next step. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the evidence to prove that your doctor violated the standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damages.

Apart from the witness's statement Your medical malpractice lawyer will also work with two or more expert witnesses to back up your claim. These experts will be given medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the preparation for trial, your attorney will begin negotiations for settlement with the defense. This process continues throughout the trial and can sometimes last for many years. During this time, you will be recovering from your injuries and determining the magnitude and value of your damages. It's in everyone's interest to settle your case outside of the courtroom and avoid litigation whenever feasible. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. For example, if the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a leg, and the procedure was successful, but the patient lost an arm and limb, then the medical professional could be held liable for malpractice.

To have a viable malpractice suit, the plaintiff must also show that a competent lawyer could have helped prevent their financial loss or at the very least, reduce the amount. This is often referred to as the "but for" test. Additionally, it is required to prove that the plaintiff was liable for costs in the pursuit of a legal claim that is more than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the different types of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and other non-economic losses. The more money you are awarded is, the more serious injury. A decision that is found to be a success could be challenged by an appeal. Therefore, settling the case outside of court can be a beneficial option for some clients. It can save time and money in court costs, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotions rather than fact.