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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain rules that must be followed including a specified time period during which the suit can be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor led to injuries and losses. This will require hospital and medical documents.

Complaint

Your lawyer will file a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare provider is obligated to a patient a standard of care. This is the level of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must to show that your doctor did not meet this standard and caused injuries to which you sustained quantifiable damages.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. This is why it's crucial to choose a law firm that has access to expert witnesses who can testify about the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

It's not only doctors who commit medical errors, hospital staff members, such as nurses and anesthesiologists can commit malpractice. This is especially the case for emergency room personnel where mistakes are usually made due to a busy environment and overworked employees. Your attorney may be in a position to get expert testimony from emergency room staff who can show the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony and more. These records can be requested by the opposing legal team. This is typically done via inquiries and requests for production of documents. Certain materials may be privileged and confidential because of privacy laws, such as HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult element of a medical negligence claim, as it requires expert testimony to support your claim.

Your lawyer will also call witnesses who can demonstrate the doctor's negligent actions. This can include radiologists, dentists, nurses, assistants as well as other individuals who were involved in the treatment of your health. Your attorney will know how to take effective and powerful depositions to make these witnesses acknowledge that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. In the case of medical malpractice this is the most common as the costs of going to trial can be quite expensive. After the facts of your case are established, a settlement may be agreed upon between you and the insurer of your doctor. If no settlement can be reached, your case may proceed to trial.

Trial

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

The next phase involves discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard 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 statement, your medical malpractice attorney will collaborate with two or more expert witnesses to prove your claim. They will be provided with medical records and all the details about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process continues throughout the course of the trial and can sometimes last for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your injuries. It is in everyone's best interests to settle the matter out of the court and avoid litigation as often as possible. Your attorney will carefully assess the merits of any settlement offer with your current and potential recovery. If the settlement seems reasonable your 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 caused those damages. If, for instance, the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was perfect but the patient lost a limb in the process, then the medical professional could be held accountable for malpractice.

In order to be able to file a valid legal action, the defendant must prove that a competent lawyer would have been able to reduce their financial loss, or at least minimize the size. This is commonly referred to as the "but for" test. It is also important to show that the plaintiff was liable for costs to pursue a 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 sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering and other non-economic losses. The greater the amount of money awarded is, the more serious injury. A successful verdict may be challenged by an appeal. Settlements outside of court can be beneficial for a few clients. It can save money and time in litigation fees. It also helps avoid the risk of having a jury ruling on a case based upon emotions instead of facts.