How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific rules that must be followed including a specified time period during which the suit can be filed.

In addition to proving negligence, the person seeking compensation must show that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

When your attorney's inquiry has revealed evidence that a malpractice was committed, he will file a lawsuit in court, along with summons. The complaint names the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare professional owes a patient a standard of treatment. This is the amount of competence and prudence that the reasonably prudent doctor with similar training would employ in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

It can be challenging to prove that a doctor's standard is the same as another doctor's. This is why it's essential to select a law firm that has access to experts who can testify on the medical field and what reasonable medical professionals in your situation would have done.

Not only doctors can make mistakes, but also hospital staff, malpractice lawsuit including anesthesiologists and nurses. This is especially true of emergency room staff, whose mistakes are often made due to the crazed atmosphere and overworked workers. Your attorney may be able to get experts from emergency room staff who can show what could have been done differently and why your doctor was unable to meet the standards.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may 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 via inquiries and requests for production of documents. However, certain materials may be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most challenging part of a medical malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligence. This could include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer is skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. For medical malpractice cases this is the most common because the cost of going to trial can be quite expensive. Once the facts of your case are established, a settlement can be agreed upon between you and the insurer of your doctor. If a settlement cannot be reached the case will proceed to trial.

Trial

Your lawyer will file a formal complaint after conducting the initial investigation. If they find that you have a convincing case for malpractice, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with a summons.

Discovery is the next stage. The next stage 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 establish that the error resulted of negligence on the part of the doctor and caused damage.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will collaborate with two or more expert witnesses to prove your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their deposition and testify. They can also assist in the preparation of your case for trial.

Your lawyer will begin settlement discussions with the defense team as part of the trial preparation. This process continues throughout the trial, and can sometimes last for years. In this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's interest to settle out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant was a factor in those damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a limb, and the surgery was flawless, but the patient lost an arm, then the medical professional could be held responsible for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must also prove that a competent lawyer could have been able avoid financial loss or at a minimum, lessen its size. It is sometimes referred to the "but for test". It is also important to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawsuits lawyers are able to provide a detailed explanation of the various types of damages sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, suffering and other non-economic losses. In general, the more serious the injury, the greater the award. However, a verdict that is deemed to be a success may be rescinded in appeal. Settlements that are not in court may be beneficial for a few clients. It will help save time and money on costs for litigation, as well as avoiding the risk of having a jury judge cases on the basis of emotion rather than facts.