How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, including a deadline within which the lawsuit can be filed.

In addition to showing negligence, the claimant must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

Once your attorney's investigation has found evidence that fraud occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are founded on the notion that nurses, doctors and other healthcare providers are obligated to a patient the same level of care. This is the standard of skill and caution reasonable doctors who has similar training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable damages.

A doctor's standard of care is usually an issue of opinion, and it is often difficult to prove. This is why it's crucial to choose a law firm with access to expert witnesses who can give testimony on the medical field and what a reasonable professional in your situation would have done.

Not only doctors make mistakes, but also hospital personnel, such as anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are often caused by a hectic environment and overworked employees. Your lawyer could be in a position to secure an expert witness from the emergency room personnel who can provide evidence of what could have been done differently and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase, your attorney will collect and review evidence that could support a malpractice case. This includes medical records and witness statements as well as expert testimony. The legal team of the other side will also have the option to request this information from you and your attorney. This is typically done through interrogatories as well as requests for production of documents. Certain materials could be protected and confidential because of privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult aspect of a medical negligence case as it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to conduct effective and strong depositions in order to get witnesses to admitting that the doctor's negligence was a factor.

Most lawsuits are settled prior to trial. For medical malpractice cases it is a common practice since the cost of going to trial can be expensive. After the facts of your case are established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

Your lawyer will file a lawsuit after having completed the initial investigation. If they decide that you have a strong case for malpractice, they will file it. The complaint will be clear in its allegations and must be served on the defendant along with a summons.

The next step is discovery. The next phase is discovery. This includes the exchange and depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standards of care. The objective is to establish that the error was a result from the negligence of the doctor that resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to back your claim. These experts will be given medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They may also aid in the preparation of your case for trial.

Your lawyer will begin negotiations with the defense team as part of the preparation for trial. This process can go on for several years. During this time period, you are recovering from your injuries and determining the magnitude of your injuries. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement offer seems reasonable then your lawyer will encourage to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor did not inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

A victim may also demonstrate that a skilled lawyer could have averted or reduced the financial loss. This is often referred to as the "but for test". It is also essential to prove that the plaintiff has paid for expenses to pursue a legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various forms of damages sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering as well as other non-economic losses. In general, the more serious the injury, higher the amount of compensation. A successful verdict may be overturned by an appeal. Settlements outside of court may be beneficial for a few clients. It can help save time and money on litigation costs, aswell as avoid the potential risk of having a jury judge an issue on the basis of emotion instead of fact.