How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed including a specified time period during which the suit can be filed.

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

Complaint

If your attorney's probe has revealed evidence that a malpractice occurred, he or she will file a formal complaint in court along with summons. The complaint will identify the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are founded on the notion that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This standard is the level of skill and caution the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must to prove that your doctor breached this standard and caused injuries to which you sustained damages quantifiable.

The standard of care a physician provides is usually a matter of opinion, and can be difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

It's not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff, whose mistakes are often attributed to a hectic atmosphere and overworked employees. Your attorney may be able to secure an expert opinion from the emergency room staff who can explain what could have been done differently and the reason why your doctor failed to meet this standard.

Discovery

During the discovery process your lawyer will gather and review evidence that could prove a malpractice lawyer claim. This could include medical records, witness statements as well as expert testimony. The legal team representing the other side may also be able to request these documents from you and your attorney. This is usually done through inquiries and requests for production of documents. Certain documents may be considered to be confidential and private due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most challenging part of a malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can demonstrate the doctor's negligence. This can include radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your attorney will be skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially true in medical malpractice cases because the costs involved in the trial process can be expensive. After the facts of your case are established, a settlement may be reached between you and the insurance company of the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your lawyer will file a lawsuit after completing the initial investigation. If they determine that you have a convincing case of malpractice, then they will file the complaint. This will clearly state your claims and will be served on the defendant, along with a summons.

The next phase involves discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and resulted in damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses in support of your claim. These experts will be given medical records and attorneys specific information regarding your case in order to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

Your attorney will begin settlement discussions with the defense as part of the trial preparation. This process could last for several years. During this time, you'll be recovering from your injuries and determining the size and amount of your injuries. It's in everyone's best interest to settle the matter out of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement offer against your present and long-term recovery. If the settlement offer seems reasonable, then your lawyer will be able to 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 those damages. If, for example, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a arm, and the operation was perfect, but the patient lost an arm, then the medical professional could be held responsible for negligence.

A victim may also show that a competent lawyer could have prevented or reduced their financial loss. This is sometimes referred to as the "but for" test. In addition, it is essential to prove that the plaintiff was liable for costs in the pursuit of a legal claim that are more than the amount demanded as compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages granted in a malpractice case including past, current and future medical expenses as also loss of income as well as pain and discomfort and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a verdict that is deemed to be a success is sometimes overturned in appeal. So, settling out of court can be a viable option for a few clients. It could save money and time on court costs. It also helps avoid the possibility of a jury deciding a case based on emotions rather than facts.