How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines that must be met including a specified time period within which the suit may be filed.

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

Complaint

After your attorney's investigation has uncovered evidence that malpractice occurred, the attorney will file a formal complaint in court and issue a summons. The complaint will identify the defendants, and then state the allegations you have made against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare professionals owe patients a certain standard of care. This standard is the level of skill and caution the reasonably prudent doctor with similar training would employ in similar situations. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable damages.

A physician's standard of care is usually an issue of opinion and can be difficult to prove. This is why it's important to hire a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only doctors make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff, whose errors are usually due to the crazed atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency department that can assist in proving the correct procedure and how your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will collect and examine evidence that could help in proving a malpractice case. This includes medical records and witness statements, as well as expert testimony. The other side's legal team may also be able to obtain this information from you and your attorney. This is typically done through inquiries and requests for production of documents. Certain materials could be protected and confidential because of privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury was the result of a doctor's negligence. This is the most difficult aspect of a medical malpractice case as it requires expert witness testimony that proves your claim.

Your lawyer can also question witnesses that can prove that the doctor was negligent. This could include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be proficient in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled before they reach trial. This is particularly true in medical malpractice cases as the cost of a trial can be very high. Once the facts are established, you can negotiate an agreement with the insurance company of the doctor. If a settlement isn't feasible 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 be clear in its allegations and be served on the defendant along with a summons.

Discovery is the next phase. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these documents to prove the doctor's breach of standard of care. The aim is to demonstrate that the error was the result of the negligence of your doctor, and caused damage.

In addition to the witness's testimony Your medical malpractice lawyer will also work with two or more experts to support your claim. They will be provided with medical records and specific information regarding your case, to prepare for their deposition and testimony. They may also help in preparing your case for malpractice lawyer trial.

Your lawyer will initiate settlement discussions with the defense as part of the trial preparation. This process could last for several years. During this time period, you are recovering from your injuries and determining the severity of your injuries. It is in everyone's best interests to settle your case outside of court and malpractice lawyer avoid litigation whenever feasible. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of limb, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional could be held accountable for malpractice.

In order to be able to file a valid legal action, the defendant must prove that a competent lawyer could have been able avoid financial loss or at least minimize the size. This is often referred to as the "but for test". Additionally, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a legal claim that are more than the amount of compensation sought.

Our medical malpractice attorney lawyers can explain the various types of damages that may be attained in a malpractice case including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the more the award. A successful verdict may be overturned by an appeal. Settlements outside of court can be beneficial to some clients. It will save time and money in court costs, as well as avoiding the risk of having a jury decide a case based on the basis of emotions instead of fact.