How to File a Medical Malpractice Lawsuit

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

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

Complaint

When your attorney's inquiry has discovered evidence of malpractice has occurred, he or she will file a complaint with the court and issue a summons. The complaint will identify the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based on the belief that a physician or healthcare provider owes a patient a standard of treatment. This standard is defined as the level of care and skill that a reasonable medical professional with the same training would exhibit in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damages.

A doctor's standard of care is often a matter of opinion, and is difficult to prove. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what an experienced professional in your doctor's situation would have done.

It is not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially relevant to emergency room personnel where mistakes are usually caused by a busy environment and overworked staff. Your lawyer may be in a position to secure experts from emergency room staff who can demonstrate the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

During the discovery stage, your attorney will collect and analyze evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The legal team on the other side will also have the option to request these documents from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials are considered to be privileged and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult part of a medical malpractice case because it requires an expert witness testimony to support your claim.

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

The majority of lawsuits are settled before going to trial. This is especially true in medical malpractice cases because the costs associated with a trial can be very high. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement isn't feasible the case will go to trial.

Trial

Once your attorney 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 from witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.

In addition to the witness's testimony, your medical malpractice attorney will collaborate with two or more expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their depositions and testimonies. They may also assist in preparing your case for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process can take several years. In this time, you will be recovering from your injuries while determining the amount and value of your injuries. When possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future recoveries. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a arm, and the operation was perfect but the patient lost a limb or limb, the doctor could be held responsible for malpractice.

A victim may also show that a skilled lawyer could have prevented or reduced their financial loss. This is often referred to as the "but for test". Additionally, it is essential to prove that the plaintiff's expenses to pursue a legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, suffering and pain and suffering, as well as other non-economic losses. The higher the award, the more serious injury. However, a verdict that is deemed to be a success may be rescinded on appeal. Therefore, settling out of court can be a beneficial option for a few clients. It can save time and money on court costs, as well as avoiding the risk of having a jury decide cases on the basis of emotions rather than fact.