How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain rules that must be followed including a specified time period in which the suit can be filed.

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will prepare a court-appointed complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are founded on the premise that nurses, doctors and other healthcare professionals owe patients the same level of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer harm.

A doctor's standard of care is often an issue of opinion and can be difficult to prove. This is why it's crucial to choose a law firm that has access to expert witnesses who can testify about the medical field and what reasonable professionals in your doctor's situation would have done.

It's not just doctors who make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are often made due to a busy environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency room who can help demonstrate the correct procedure and how your doctor's actions did not meet the standards.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could prove a malpractice case. This includes medical documents, witness statements expert testimony, and more. The legal team on the other side may also be able to request these documents from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain materials could be protected and secret due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also question any witnesses that can support that the doctor's actions were negligent. This includes radiologists, dentists, nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer will know how to take powerful and effective depositions so that witnesses to acknowledge that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially true in medical malpractice cases as the costs involved in a trial can be extremely expensive. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement is not reached, your case could proceed to trial.

Trial

Your lawyer will file a formal complaint after an initial investigation. If they determine that you have a solid case of malpractice, they will file it. The complaint will be clear in its claims and will be served to the defendant with a summons.

Discovery is the next phase. The next phase involves discovery. This involves the exchange and deposition of witnesses. The lawyer will use the statements to prove that the doctor did not follow the standard of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or three expert witnesses to prove your claim. They will be provided with medical records and all the details about your case to prepare for their testimony and deposition. They may also assist in making your case ready for trial.

Your lawyer will initiate settlement discussions with the defense as part of the preparation for trial. The process can take many years. In this time, you will be recovering from your injuries while determining the amount and value of your losses. It's in everyone's interest to settle outside of the court and malpractice attorney avoid litigation as often as possible. Your lawyer will carefully consider the merits of any settlement offer against your current and potential recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. If, for instance, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was perfect, but the patient lost a limb, then the medical professional could be held responsible for negligence.

To be able to bring a valid malpractice lawsuit, the victim must also show that a competent attorney could have been able to prevent their financial loss or at least reduce its size. This is often referred to as the "but for test". It is also necessary to prove that the plaintiff has incurred costs to pursue a legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice lawyers can provide an explanation of the different types of damages granted in a malpractice case which include past, present and future medical expenses as along with loss of income, pain and discomfort, and other economic or non-economic loss. The more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be challenged by an appeal. Settlements outside of court can be beneficial to some clients. It can save money and time in court costs. It also eliminates the risk of having a jury making a decision based on emotions rather than facts.