How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons once he or she has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are based on the idea that nurses, doctors or other healthcare providers are obligated to a patient the same level of care. This is the level of skill and caution an appropriately prudent doctor with the same training would employ in similar situations. Your legal team needs to show that your doctor did not meet this standard which resulted in injuries from which you have suffered damages that are quantifiable.

It can be difficult to prove that a physician's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

Not only physicians can make mistakes, but also hospital staff, malpractice such as nurses and anesthesiologists. This is especially true of emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked workers. Your lawyer could be in a position to obtain experts from emergency room personnel who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process the attorney will gather and review evidence that could support a malpractice case. This includes medical records, witness statements, as well as expert testimony. The information could be requested by the legal team opposing the case. This is typically done through inquiries and requests for production of documents. Certain materials may be privileged and private due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses to prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, nurses and other people who were involved in the treatment of your health. Your lawyer will be proficient at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially common for medical malpractice lawyer cases, since the costs involved in trial can be high. Once the facts are established, you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they decide that you have a convincing case of malpractice, they will file the complaint. It will state clearly your claims and will be served on the defendant along with a summons.

Discovery is the next phase. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to prove that the doctor acted in violation of the standard of care. The objective is to prove that the error resulted of negligence by the doctor and caused damages.

In addition to the witness statement Your medical malpractice lawyer will work with one or two expert witnesses to prove your claim. These experts will be given medical records as well as detailed information about your case to prepare for their testimony and deposition. They may also aid in making your case ready for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. The process continues throughout the course of the trial and may last for years. During this time period, you are recovering from your injuries and determining the magnitude of your losses. If possible, it's beneficial for malpractice everyone to avoid litigation and settle out of court. Your lawyer will carefully weigh the merits of a settlement against your current and future recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. For instance, if the doctor did not inform the patient that a surgery was a 30 percent risk of losing a limb. If the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

A victim could also prove that a skilled lawyer could have prevented or minimized the financial loss. This is sometimes referred to the "but for test". Additionally, it is required to prove that the plaintiff incurred costs to pursue a legal claim which are over the amount sought for compensation.

Our medical malpractice lawyers can explain the various kinds of damages that may be given in a malpractice lawsuit that include past, current and future medical expenses as along with loss of income and pain and discomfort and other economic or non-economic losses. Generally, the more serious the injury, higher the award. However, a decision that is successful may be rescinded in appeal. So, settling out of court could be a good alternative for some clients. It will help save time and money on costs for litigation, as well as avoiding the risk of having a jury judge an issue on the basis of emotion rather than facts.