How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, such as the time frame within which the lawsuit may be filed.

In addition to showing negligence, the claimant must prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.

Complaint

Your lawyer will submit a court complaint as well as summons once he or she has found evidence of misconduct. The complaint names the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a standard of treatment. This standard is defined as the degree of expertise and prudence that a reasonable medical professional with the same training would exercise in similar circumstances. Your legal team must to show that your doctor breached this standard and caused injuries to which you sustained damages quantifiable.

A physician's standard of care is often a matter of opinion, and it is difficult to prove. It is essential to find an attorney who has access to experts in the medical field to provide proof of what a reasonable professional would have done.

It's not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is particularly applicable to emergency room staff where mistakes are often due to a crowded atmosphere and overworked personnel. Your attorney might be able to obtain testimony from experts in the emergency department who can explain the correct procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery process, your attorney will gather and look over evidence that could be used to prove a malpractice lawyer claim. This includes medical records, witness statements expert testimony, malpractice attorney and more. The information could also be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of the doctor. This is the most difficult part of a case involving medical negligence, as it requires expert evidence to support your claim.

Your lawyer will also question any witnesses that can prove the doctor's negligent actions. This could include radiologists dentists, nurses, malpractice Attorney assistants as well as other individuals who were involved in the care of your health. Your lawyer will know how to conduct powerful and convincing depositions so that these witnesses acknowledge that the doctor was negligent.

Most lawsuits are settled before they go to trial. This is particularly common in medical malpractice cases since the cost of the trial process can be high. Once the facts are established then you can negotiate a settlement with the doctor's insurer. If a settlement isn't reached, the case may go to trial.

Trial

After your attorney completes the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. It will state clearly your allegations and will be served to the defendant along with a summons.

The next phase involves discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove your doctor's breach of standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and caused damages.

In addition to the witness statement In addition to the witness statement, your medical malpractice attorney will work with one or two expert witnesses to support your claim. These experts will be given medical records and detailed information about your case to prepare for their testimony and deposition. They may also aid in preparing your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process can go on for many years. In this time, you are recovering from your injuries and determining how much of your injuries. It's in everyone's best interest to settle outside of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement offer is reasonable then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. For example, if the doctor did not inform the patient that the surgery was associated with a 30 percent chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim may also show that a competent lawyer could have averted or reduced their financial loss. It is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has paid for expenses to pursue a legal claim, which is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that could be suffered in a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and pain and suffering, and other non-economic losses. In general, the more severe the injury, the more the award. However, a decision that is successful could be reversed upon appeal. Settlements that are not in court may be beneficial to some clients. It will save money and time on litigation costs. It also eliminates the possibility of a jury making a decision based on emotion rather than fact.