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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, including a deadline within which a lawsuit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will submit a court complaint as well as summons after he has discovered evidence of malpractice. 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 belief that a physician or nurse or any other healthcare professional owes a patient a minimum standard of care. This is defined as the degree of skill and caution that a reasonable medical professional with similar training would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damage.

A doctor's standard of care is usually an issue of opinion and is difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.

It's not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists can commit malpractice. This is especially applicable to emergency room staff where mistakes are usually made due to a busy atmosphere and overworked personnel. Your lawyer may be in a position to get experts from emergency room staff who can show what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery stage your lawyer will collect and review evidence that may prove a malpractice attorney case. This could include medical records, witness statements, as in addition to expert testimony. These records can be requested by the legal team opposing the case. This is typically done through interrogatories and requests for production of documents. Certain materials may be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was the result of a medical professional's negligence. This is the most difficult element of a case involving medical negligence because it requires an expert evidence to support your claim.

Your lawyer will also interview any witnesses that can prove the doctor's negligent actions. This can include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your lawyer will be adept in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. In cases involving medical malpractice this is particularly common as the costs of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't attainable, your case will then go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served on the defendant, along with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The goal is to show that the error was the result of the negligence of the doctor and caused damages.

In addition to the witness statement Your medical malpractice lawyer will work with a couple of expert witnesses to prove your claim. These experts will receive medical records and specific information about your case to prepare for their depositions and testimony. They can also assist in preparing your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process is ongoing throughout the course of the trial and can take up to years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future settlement. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For example, if the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a leg, and the procedure was flawless, but the patient lost a limb or limb, the doctor may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent attorney could have been able to reduce their financial loss, or at the very least, reduce the amount. This is sometimes referred to as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a successful legal claim that is greater than the amount sought as compensation.

Our medical malpractice lawyers can explain the various types of damages that may be given in a malpractice lawsuit including past, current and future medical expenses as in addition to lost income and pain and discomfort and other economic or non-economic loss. In general, the more severe the injury, the greater the award. However, a verdict that is deemed to be a success can sometimes be overturned when appealed. Settlements that are not in court may be advantageous for some clients. It can save money and time on litigation costs. It also eliminates the risk of having a jury deciding a case based on emotion rather than fact.