How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to follow, such as the time frame within which the lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions resulted in losses and injuries. This will require hospital and medical documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons if he or she has discovered evidence of malpractice. The complaint will identify the defendants in the case and outlines the allegations you're making against them.

The basis for malpractice claims is the idea that a doctor or nurse or any other healthcare professional owes a patient a standard of care. This is defined as the amount of expertise and prudence that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

The standard of care for a doctor is often a matter of opinion, and it is often difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.

Not only physicians can make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff, whose mistakes are frequently made due to a crowded environment and overworked employees. Your lawyer may be able to obtain experts from emergency room staff who can explain what should have happened and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony, and more. This information can also be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain materials could be protected and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult component of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer will also call witnesses who can demonstrate the negligence of the doctor. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be adept at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they reach trial. For medical malpractice cases this is the most common since the cost of going to trial can be expensive. Once the facts of your case are established, a settlement could be discussed between you and your insurance company of the doctor. If no settlement can be reached, the case may go to trial.

Trial

Your attorney will file a lawsuit after an initial investigation. If they determine that you have a compelling case of malpractice, they will file the complaint. It will state clearly your claims and will be served to the defendant with a summons.

The next step is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to establish the doctor's breach of standard of care. The aim is to prove that the error was a result from the negligence of the doctor that caused damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with one or two expert witnesses to support your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also assist in making your case ready for trial.

Your lawyer will initiate negotiations with the defense as part of the trial preparation. The process can take many years. During this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's best interest to settle your case outside of the court and avoid litigation as often as possible. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that the negligence of the defendant has caused these damages. For example, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of leg, and the surgery was perfect, but the patient lost a limb in the process, then the medical professional could be held liable for negligence.

To be able to bring a valid malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have helped reduce their financial loss, or at least minimize the amount. This is sometimes called the "but for test". Additionally, it is important to show that the plaintiff has incurred expenses in pursuit of a successful legal claim which are over the amount sought for compensation.

Our medical malpractice attorneys lawyers are able to explain the different types of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and other economic and non-economic losses. The more money you are awarded the more serious the damage. A successful verdict may be challenged by an appeal. Settlements outside of court may be beneficial to some clients. It can save money as well as time in court costs. It also avoids the risk of a juror ruling on a case based upon emotions instead of facts.