How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, such as a time limit within which a lawsuit can be filed.

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

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, the attorney will file a formal complaint in court, along with summons. The complaint will identify the defendants and state the allegations you have made against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider owes a patient a minimum standard of care. This standard is defined as the amount of expertise and prudence that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer injury.

It can be a challenge to prove that a physician's standards are the same as another doctor's. This is why it's essential to select a law firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not just doctors who make medical errors; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly true of emergency room staff, whose errors are usually due to a hectic atmosphere and overworked workers. Your attorney may be able obtain evidence from experts in the emergency room who can explain what should have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase the attorney will collect and look over evidence that might support a malpractice claim. This could include medical records, witness statements as and expert testimony. The information could also be requested by the opposing legal team. This usually happens through interrogatories and requests for production of documents. Certain materials could be protected and confidential because of privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult element of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer can also question witnesses to prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct effective and powerful depositions so that witnesses to accept that the doctor's negligence.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is particularly common in medical malpractice cases since the costs of trial can be expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement isn't reached, your case may go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly state the allegations and must be handed to the defendant with the summons.

The next step is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of the evidence to prove that your doctor did not follow the standard of care. The objective is to prove that the error was a result from the negligence of the doctor that caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will receive medical records and specific information about your case to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

Your attorney will start talks with the defense during the trial preparation. This process continues throughout the trial, and can take up to several years. In this time, it is likely that you will be recovering from your injuries while determining the extent and value of your damages. If you can, it is in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a limb, and the surgery was perfect, but the patient lost a limb or limb, the doctor could be held accountable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or minimized their financial loss. This is commonly referred as the "but for" test. In addition, it is important to show that the plaintiff incurred costs in pursuit of a successful legal claim that are in excess of the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that may be attained in a malpractice case including the past, present and future medical expenses loss of income, suffering and malpractice other non-economic losses. The higher the amount is, the more serious injury. However, a decision that is successful may be rescinded in appeal. Settlements that are not in court may be beneficial for certain clients. It can save money and time in court costs. It also helps avoid the risk of a juror choosing a case based on emotion rather than fact.