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How to File a Medical Malpractice Lawsuit

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

The claimant must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

After your attorney's investigation has uncovered evidence that malpractice occurred, the attorney will file a formal complaint in court and issue summons. The complaint will name the defendants and describe the allegations you bring against them.

Malpractice claims are based on the belief that a physician or nurse or other healthcare provider owes the patient a standard of care. This is the level of competence and prudence that a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable damage.

It isn't easy to prove that a doctor's standard is the same as another doctor's. This is why it is important to hire a law firm with access to experts who can give testimony on the medical field and what reasonable professionals in your doctor's position would have done.

It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially relevant to emergency room personnel where mistakes are often due to a crowded environment and overworked staff. Your attorney might be able to obtain testimony from experts in the emergency department who can provide evidence of the proper procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might support a malpractice claim. This includes medical records and witness statements as in addition to expert testimony. The legal team of the other side will also have the opportunity to request these documents from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials may be classified as confidential or privileged due to privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult aspect of a case involving medical negligence since it requires expert testimony to back your claim.

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

The majority of lawsuits are resolved or settled, before they reach the trial stage. This is particularly true in medical malpractice cases since the cost of a trial can be extremely high. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't reached, your case could go to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they find that you have a compelling case for malpractice, then they will file the complaint. It will state clearly your allegations and must be served to the defendant with a summons.

The next stage is discovery. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to establish your doctor's breach of standard of care. The objective is to prove that the error was the result of the negligence of the doctor, and resulted in damages.

In addition to the witness's testimony, your medical malpractice attorney will collaborate with a couple of expert witnesses to support your claim. These experts will be given medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They can also assist in making your case ready for trial.

Your attorney will start discussions on settlement with the defense during the trial preparation. This process is ongoing throughout the trial, and may last for several years. During this time, you'll be recovering from your injuries and determining the size and amount of your losses. When possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant contributed to these damages. For example, if the doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb. If the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must also prove that a competent attorney would have been able to avoid financial loss or at least reduce the size. It is sometimes referred to the "but for test". Additionally, it is required to prove that the plaintiff's expenses to pursue a legal claim that is more than the amount sought as compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages awarded in a malpractice case, including past, current and future medical expenses, as along with lost income or income, pain and discomfort and other economic or non-economic loss. The higher the award the more serious the injury. A successful verdict may be overturned through an appeal. So, settling outside of court can be a viable option for certain clients. It will save time and malpractice lawsuits money on litigation costs, aswell as avoiding the possibility of having a jury decide cases on the basis of emotions instead of facts.