How to File a Medical Malpractice Lawsuit

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

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

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, the attorney will file a lawsuit in court, along with summons. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes the patient a standard of care. This is the level of expertise and prudence a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must to prove that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

Not only doctors can make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are usually caused by a busy atmosphere and overworked personnel. Your lawyer may be in a position to secure expert testimony from emergency room staff who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

During the discovery process your lawyer will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical records, witness statements expert testimony and more. The information may be requested by the opposing legal team. This usually happens through interrogatories as well as requests for production of documents. Certain documents could be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligence of the doctor. This is the most difficult aspect of a medical negligence claim because it requires an expert evidence to support your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will know how to take powerful and convincing depositions to ensure that witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they go to trial. In cases involving medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement may be discussed between you and your insurance company for the doctor. If a settlement cannot be reached, your case may be heard in court.

Trial

After your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant along with a summons.

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

Apart from the witness's statement Your medical malpractice lawyer will work with a couple of expert witnesses to support your claim. These experts will receive medical records and all the details about your case to prepare for their testimony and deposition. They may also help in preparing your case for trial.

Your lawyer will initiate negotiations with the defense as part of the trial preparation. The process continues throughout the trial and may last for years. In this time, it is likely that you will be recovering from your injuries and determining the extent and value of your injuries. It's in everyone's interest to settle the matter out of the courtroom and avoid litigation whenever possible. Your attorney will carefully weigh the advantages of a settlement offer against your current and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant has contributed to these losses. For example, if the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a arm, and the operation was perfect, but the patient lost an arm in the process, then the medical professional could be held accountable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or mitigated the financial loss. It is sometimes referred to the "but for test". It is also required to prove that the plaintiff has incurred costs in pursuing a successful legal claim, which are more than the amount sought in compensation.

Our medical malpractice attorneys can explain the various types of damages that can be granted in a malpractice case which include past, present and future medical expenses as well as lost income as well as pain and discomfort and other economic or non-economic loss. In general, the more serious the injury, the higher the award. However, a successful verdict is sometimes overturned in appeal. Therefore, settling out of court can be an advantageous option for some clients. It can save money as well as time on litigation costs. It also reduces the possibility of a jury making a decision based on emotions instead of facts.