How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed including a time limit during which the suit can be filed.

In addition to showing negligence, the claimant must prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will prepare a court-appointed complaint and summons after he has found evidence of misconduct. The complaint identifies the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare professional owes a patient a standard of care. This is defined as the amount of expertise and prudence that a reasonably prudent medical professional with similar training would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damages.

The standard of care a physician provides is usually an issue of opinion, and it can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable doctor would have done.

It's not just doctors who make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is particularly true of emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked staff. Your attorney may be able to obtain expert testimony from emergency room personnel who can explain what should have happened and why your doctor malpractice was unable to meet the standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could prove a malpractice attorney claim. This includes medical records, witness statements expert testimony, and more. The information may be requested by the legal team opposing the case. This is typically done through inquiries and requests for production of documents. Certain documents could be confidential or protected due to privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligent doctor. This is the most difficult element of a case involving medical negligence since it requires expert evidence to support your claim.

Your lawyer will also question witnesses who can prove the doctor's negligence. This could include radiologists dentists nurses, assistants, nurses as well as other individuals who were involved in the treatment of your health. Your lawyer will know how to conduct effective and strong depositions so that witnesses to accept that the doctor's negligence was a factor.

Most lawsuits are settled, malpractice or settled, prior to reaching the trial stage. In medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. Once the facts of your case have been established, a settlement can be agreed upon between you and the insurance company for the doctor. If no settlement can be reached, the case may go to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice (125.141.133.9) case, they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

Discovery is the next step. The next step involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of the statements to prove that the doctor violated the standards of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.

In addition to the witness's testimony Your medical malpractice lawyer will work with a couple of expert witnesses to back up your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process can go on for several years. During this time, you are recovering from your injuries and determining the magnitude of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement seems reasonable your 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 was a factor in those damages. For instance, if the doctor failed to inform the patient that a surgery had a 30% chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice law firms.

A victim could also prove that a skilled lawyer could have prevented or reduced their financial loss. This is commonly referred to as the "but for" test. Additionally, it is essential to prove that the plaintiff was liable for costs in the pursuit of a legal claim that are more than the amount of compensation sought.

Our medical malpractice attorneys can explain the different types of damages awarded in a malpractice case including past, current and future medical expenses as along with loss of income and pain and discomfort and other economic or non-economic losses. The more serious the injury, the higher the award. A successful verdict may be overturned through an appeal. Settlements that are not in court may be beneficial to some clients. It could save money and time on court costs. It also eliminates the risk of a juror ruling on a case based upon emotion rather than fact.