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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines that must be met with a specific time frame in which the suit can be filed.

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

Complaint

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

Malpractice claims are based on the notion that a doctor or nurse or any other healthcare provider owes the patient a standard of treatment. This standard is defined as the level of care and skill that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team must to show that your doctor violated this standard which resulted in injuries from which you have suffered damages that are quantifiable.

The standard of care a physician provides is usually an issue of opinion, and it can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable professional would have done.

Not only physicians can make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is especially true of emergency room personnel, where mistakes are often attributed to a chaotic environment and overworked employees. Your attorney might be able to get testimony from experts in the emergency room that can assist in proving what should have been done and how the actions of your doctor did not meet the standards.

Discovery

During the discovery process, your attorney will collect and review evidence that could support a malpractice case. This could include medical records, witness statements, as also expert testimony. The information could also be requested by the opposing legal team. This is done through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged because of privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligence of the doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can prove the doctor's negligence. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is particularly common in medical malpractice cases since the costs of a trial can be extremely expensive. Once the facts of your case have been established, a settlement can be reached between you and the insurance company of the doctor. If a settlement isn't reached, your case could 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 be clear in its allegations and be sent to the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. The lawyer will use the evidence to show that your doctor did not follow the standard of care. The aim is to prove that the error was the result of the doctor's negligence and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their deposition and testify. They can also assist in the preparation of your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process continues throughout the course of the trial and can last for years. During this time, it is important that you are recovering from your injuries and determining the severity of your damages. It is in everyone's best interests to settle outside of court whenever possible. Your attorney will carefully compare the merits of any settlement with your current and potential recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. If, for instance, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a leg, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the victim must also prove that a competent lawyer would have been able to reduce their financial loss, or at a minimum, lessen its size. This is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a legal claim that are over the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. Generally, the more serious the injury, higher the amount of compensation. However, a verdict that is deemed to be a success could be reversed on appeal. Settlements outside of court may be beneficial to some clients. It could save money and time in litigation fees. It also avoids the possibility of a jury choosing a case based on emotion instead of fact.