How to File a Medical Malpractice Lawsuit

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

In addition to proving negligence, the person seeking compensation must show that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

Once your attorney's investigation has discovered evidence of malpractice occurred, the attorney will file a lawsuit in court along with summons. The complaint will name the defendants and describe the allegations you bring against them.

The basis for malpractice claims is the belief that a physician, nurse or other healthcare provider owes the patient a certain standard of care. This is the level of competence and care reasonable doctors with similar training would use in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable injury.

A physician's standard of care is usually an issue of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to testify about what a competent professional would have done.

Not only doctors can make mistakes, but also hospital personnel, such as anesthesiologists and nurses. This is particularly true for emergency room staff, where mistakes are often attributed to a chaotic environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency room who can help demonstrate the proper procedure and how the actions of your doctor did not meet this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and examine evidence that may provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony, and more. The legal team on the other side may also be able to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. However, certain documents may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the negligence of your doctor. This is the most difficult part of a medical malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligent actions. This can include assistants, nurses radiologists, dentists, and others who were involved in your care. Your lawyer will know how to take powerful and effective depositions in order to get witnesses to accept that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. For medical malpractice cases, this is especially common since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the doctor's insurer. If no settlement can be reached, your case could proceed to trial.

Trial

After your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and be served to the defendant with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The objective is to establish that the error resulted from the negligence of the doctor that caused damage.

In addition to the witness statement Your medical malpractice lawyer will work with a couple of expert witnesses to prove your claim. These experts will receive medical records and specific information regarding your case to prepare for their depositions and testimonies. They can also assist in the preparation of your case for malpractice lawyer trial.

Your attorney will begin talks with the defense team as part of the trial preparation. 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 and determining the magnitude and value of your injuries. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement offer is reasonable, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. If, for instance, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or reduced the financial loss. This is often referred to as the "but for test". In addition, it is important to show that the plaintiff was liable for costs in the pursuit of a legal claim that are in excess of the amount sought for compensation.

Our medical malpractice law firms lawyers can explain the different types of damages attained in a malpractice case including future, present and past medical expenses and lost income, as well as pain and suffering as well as other non-economic losses. The greater the amount of money awarded the more serious the injury. However, a ruling that is successful may be rescinded when appealed. Settlements outside of court can be beneficial for certain clients. It can save money and time on litigation costs. It also reduces the risk of a juror ruling on a case based upon emotion rather than fact.