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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to be followed including a specified time period during which the suit can be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

Once your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a formal complaint in court along with a summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you are making against them.

The basis for malpractice claims is the idea that a doctor or nurse or other healthcare provider owes a patient a minimum standard of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team has to show that your doctor breached this standard which resulted in injuries from which you suffered quantifiable damages.

The standard of care a physician provides is usually a matter of opinion and is often difficult to prove. This is why it is important to hire a law firm with access to experts who can testify on the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not just doctors who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is particularly true for emergency room staff, whose errors are usually due to a hectic atmosphere and overworked workers. Your attorney may be able to secure testimony from experts in the emergency department that can assist in proving what could have been done and how the actions of your doctor did not meet this standard.

Discovery

During the discovery process the attorney will collect and review evidence that could prove a malpractice claim. This could include medical records, witness statements as also expert testimony. The information could also be requested by the opposing legal team. This usually happens through interrogatories and requests for production of documents. However, certain materials could be confidential or protected because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to negligence by the doctor. This is the most difficult part of a medical malpractice case because it requires an expert evidence to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This includes radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your lawyer is skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they go to trial. In medical malpractice cases, this is especially common since the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurer of the doctor. If a settlement isn't reached, the case may proceed to trial.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they conclude that you have a strong case of malpractice, they will file it. This will clearly state the allegations and will be given to the defendant along with the summons.

Discovery is the next phase. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor violated the standards of care. The goal is to prove that the error resulted of negligence on the part of the doctor and caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with a couple of expert witnesses to back up your claim. These experts will be provided medical records and all the details about your case to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your lawyer will initiate talks with the defense as part of the trial preparation. This process can last for several years. In this time, you'll be recovering from your injuries and determining the extent and value of your injuries. It's in everyone's best interest to settle the matter out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully weigh the advantages of a settlement offer 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 significant and that negligence on the part of the defendant contributed to these losses. If, for instance, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a arm, and the operation was flawless, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must prove that a competent attorney could have helped prevent their financial loss or at least minimize the size. It is sometimes referred to the "but for test". It is also important to show that the plaintiff incurred costs in pursuit of a successful legal claim that are more than the amount of compensation sought.

Our medical malpractice lawyers can explain the various types of damages attained in a malpractice lawyer case including future, present and past medical expenses and lost income, as well as pain and suffering and other non-economic losses. The more money you are awarded, the more serious injury. A decision that is found to be a success could be overturned through an appeal. Settlements that are not in court may be beneficial for a few clients. It can save money and time on litigation costs. It also avoids the possibility of a jury ruling on a case based upon emotion rather than fact.