How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to be followed including a time limit in which the suit can be filed.

In addition to proving negligence, the claimant must also prove that the actions of the doctor malpractice Lawyer led to injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will submit a court complaint as well as summons after he has found evidence of malpractice. The complaint will identify the defendants in your case and outlines the allegations you are making against them.

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

A doctor's standard of care is often an issue of opinion, and is 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 reasonable professional would have done.

Not only doctors make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is particularly the case for emergency room personnel where mistakes are caused by a hectic atmosphere and overworked personnel. Your attorney may be able obtain evidence from experts in the emergency room who can explain the proper procedure and why your doctor's actions did not meet the standards.

Discovery

In the discovery phase the attorney will gather and examine evidence that could help in proving a malpractice case. This could include medical records, witness statements as and expert testimony. These records can also be requested by the opposing legal team. This can be done via interrogatories or malpractice lawyer requests for documents. However, certain materials could be classified as confidential or privy because of privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also question any witnesses that can support the doctor's negligence. This includes radiologists, dentists nurses, assistants, and other people who were involved in the care of your health. Your lawyer will know how to take powerful and convincing depositions so that these witnesses acknowledge that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they reach the trial stage. This is especially true in medical malpractice cases as the costs involved in trial can be expensive. After the facts of your case are established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

Your attorney will file a complaint following completing the initial investigation. If they decide that you have a strong case for malpractice attorneys, then they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant in the summons.

Discovery is the next step. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will work with two or three expert witnesses to back up your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimony. They can also assist in making your case ready for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. The process continues throughout the trial, and can take up to many years. During this period, you'll be recovering from your injuries and determining the size and amount of your damages. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully evaluate the merits of a settlement against your present and long-term recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that negligence on the part of the defendant has caused these damages. If, for instance, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a limb, and the surgery was perfect, but the patient lost a limb in the process, then the medical professional could be held liable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able prevent their financial loss or at the very least, reduce its size. This is often referred to as the "but for" test. It is also required to prove that the plaintiff has paid for expenses in pursuit a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be caused by a malpractice attorneys lawsuit including future, present and past medical expenses loss of income, pain and suffering and other non-economic losses. The higher the amount the more serious the injury. However, a decision that is successful is sometimes overturned when appealed. Settlements outside of court may be beneficial to some clients. It can reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotions rather than facts.