How to File a Medical Malpractice Lawsuit

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

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will make a court complaint and summons after he has discovered evidence of malpractice. The complaint will identify the defendants and make the allegations against them.

The basis for malpractice claims is the notion that a doctor or healthcare provider is obligated to a patient a certain standard of care. This is the standard of competence and care reasonable doctors with similar training would use in similar situations. Your legal team has to prove that your doctor breached this standard that resulted in injuries due to which you suffered quantifiable damages.

It isn't easy to prove that a doctor's standards are comparable to another doctor's. This is why it's important to work with a legal firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.

Not only doctors make mistakes, but also hospital personnel, like anesthesiologists and nurses. This is especially relevant to emergency room personnel where mistakes are usually caused by a hectic atmosphere and overworked workers. Your lawyer may be able to get expert testimony from emergency room personnel who can demonstrate what could have been done differently and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process the attorney will collect and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team on the other side will also have the option to obtain this information from you and your attorney. This is typically done through inquiries and requests for production of documents. However, certain materials may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your attorney will know how to conduct effective and strong depositions to ensure that witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. This is especially common in medical malpractice cases as the cost of a trial can be extremely high. Once the facts are established you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached, your case will then proceed to trial.

Trial

After your attorney completes the initial investigation and determines you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be served on the defendant, along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The goal is to establish that the error was the result of the negligence of the doctor and caused damage.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or more experts to support your claim. These experts will receive medical records and details about your case in preparation for their deposition and testify. They may also assist in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process is ongoing throughout the trial, and may last for many years. During this time, you'll be recovering from your injuries while determining the amount and value of your losses. If you can, it is beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and long-term recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if a doctor did not inform the patient that a surgery had a 30% chance of losing a limb, and the procedure was done correctly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim may also show that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff's expenses to pursue a legal claim which are in excess of the amount sought as compensation.

Our medical malpractice lawyers are able to explain the different types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering as well as other non-economic losses. The higher the award is, the more serious injury. A ruling that is deemed to be successful can be overturned by an appeal. So, settling out of court can be a good alternative for some clients. It will save time and money on court costs, as well as avoiding the risk of having a jury decide cases on the basis of emotion instead of fact.