How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific rules that must be followed including a specified time period within which the suit may be filed.

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

Complaint

Your attorney will make a court complaint and summons when he/she has found evidence of malpractice legal. The complaint will identify the defendants in your case and outlines the allegations you're making against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers owe a patient the highest standard of care. This is the amount of competence and prudence that a reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team needs to prove that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

It isn't easy to prove that a physician's standards are comparable to another doctor's. This is why it's crucial to choose a law firm that has access to experts who can give testimony on the medical field and what an experienced professional in the same situation as your doctor would have done.

Not only physicians can make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff, as errors are usually due to the crazed atmosphere and overworked staff. Your attorney may be able to obtain experts from emergency room staff who can demonstrate what could have been done differently and why your doctor was unable to meet this standard.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The legal team representing the other side may also be able to request these documents from you and your attorney. This usually happens through inquiries and requests for production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury was caused by the doctor's negligence. This is the most difficult element of a medical negligence case as it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your attorney will know how to conduct powerful and effective depositions in order to get witnesses to acknowledge that the doctor's negligence.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially common in medical malpractice cases since the costs involved in a trial can be very high. After the facts of your case are established, malpractice claim a settlement can be negotiated between you and the insurance company for the doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

Your attorney will file a formal complaint after having completed the initial investigation. If they decide that you have a strong case for malpractice litigation, then they will file the complaint. The complaint will be clear in its allegations and will be served to the defendant along with a summons.

The next phase involves discovery. The next step involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the evidence to prove that your doctor violated the standards of care. The goal is to show that the error was the result of the negligence of the doctor, and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to back your claim. They will be provided with medical records as well as detailed information about your case in preparation for their depositions and testimony. 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. This process is ongoing throughout the trial and can sometimes last for many years. In this time, it is likely that you'll be recovering from your injuries while determining the size and amount of your injuries. It's in everyone's best interest to settle your case outside of the court and avoid litigation as often as feasible. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and future recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. If, for example, the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of a arm, and the operation was flawless, but the patient lost a limb, then the medical professional may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to stop their financial loss or at least reduce the amount. This is often referred to as the "but for" test. It is also necessary to prove that the plaintiff incurred costs in pursuit a successful legal claim that is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that can be awarded in a malpractice case that include past, current and future medical expenses, as along with loss of income and pain and discomfort and other economic or non-economic loss. The higher the award the more serious the injury. However, a ruling that is successful may be rescinded in appeal. So, settling out of court can be a beneficial option for a few clients. It can help save time and money on litigation fees, as well as avoid the potential risk of having a jury decide a case on the basis of emotion instead of facts.