How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines to follow, including the time frame within which the lawsuit may be filed.

The claimant also has to prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has uncovered evidence that malpractice was committed, he will file a complaint with the court along with summons. The complaint identifies the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded on the premise that doctors, nurses or other healthcare providers are obligated to a patient a certain standard of care. This is defined as the amount of skill and caution that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team has to show that your doctor malpractice lawyers did not meet this standard and caused injuries to which you sustained damages quantifiable.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it's important to work with a legal firm that has access to experts who can testify on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

Not only doctors can make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is especially true for emergency room personnel, where mistakes are frequently made due to a hectic atmosphere and overworked staff. Your lawyer may be able to get experts from emergency room personnel who can explain what should have happened and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process your lawyer will gather and examine evidence that may be used to support a malpractice claim. This could include medical records, witness statements, as in addition to expert testimony. The legal team of the other side can also have the chance to obtain this information from you and your attorney. This can be done via interrogatories or requests for documents. However, certain documents may be privileged or confidential because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most difficult aspect of a medical negligence claim since it requires expert testimony to back your claim.

Your lawyer will also question witnesses who can demonstrate that the doctor's actions were negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to take powerful and convincing depositions to ensure that witnesses to admitting that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. This is especially common in medical malpractice lawyers cases because the costs of the trial process can be expensive. Once the facts are established you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't possible, your case will then go to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they find that you have a strong case for malpractice attorneys, then they will file the complaint. It will state clearly your allegations and be served on the defendant, along with a summons.

Discovery is the next phase. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these documents to prove your doctor's violation of the standard of care. The goal is to establish that the error was the result of the negligence of your doctor, and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process is ongoing throughout the trial, and can last for years. During this period, you will be recovering from your injuries while determining the size and amount of your damages. It's in everyone's best interest to settle your case outside of the court and avoid litigation as often as possible. Your attorney will carefully evaluate the merits of a settlement offer against your current and long-term recovery. If the settlement is reasonable then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are significant and that negligence on the part of the defendant has contributed to these damages. For example, if the doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb, and the procedure was done correctly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim could also prove that a skilled lawyer could have prevented or mitigated the financial loss. This is commonly 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 over the amount sought for compensation.

Our medical malpractice lawyers can explain the various forms of damages that may be suffered in a malpractice law lawsuit including the past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. The higher the award the more serious the damage. However, a ruling that is successful can sometimes be overturned in appeal. Settlements outside of court may be advantageous for some clients. It will help save time and money on court costs, as well as avoid the potential risk of having a jury judge a case based on the basis of emotions rather than facts.