How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines that must be met with a specific time frame within which the suit may be filed.

In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor led to injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will make a court complaint and summons when he/she has discovered evidence of negligence. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare professionals owe patients the highest standard of care. This standard is defined as the degree of care and skill that a reasonable medical professional who has similar training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused you to suffer damages.

A doctor's standard of care is often an issue of opinion, and it is often difficult to prove. This is why it is important to work with a legal firm that has access to expert witnesses who can provide testimony about the medical field and what an experienced professional in your doctor's situation would have done.

It's not only doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is particularly true of emergency room staff, as errors are usually due to a chaotic environment and overworked employees. Your attorney may be in a position to obtain an expert witness from the emergency room personnel who can demonstrate what should have happened and why your doctor was unable to fulfill this standard.

Discovery

During the discovery stage your lawyer will collect and analyze evidence that could be used to support a malpractice claim. This includes medical records and witness statements as and expert testimony. These records can also be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. Certain documents could be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case since it requires expert witness testimony that supports your claim.

Your lawyer will also call witnesses that can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer is skilled in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. In cases involving medical malpractice it is a common practice due to the fact that going to trial can be quite expensive. Once the facts are established you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't attainable the case will go to trial.

Trial

Your lawyer will file a complaint following completing the initial investigation. If they conclude that you have a solid case of malpractice attorney, they will file it. The complaint will clearly state your allegations and must be served to the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The goal is to prove that the error was a result of negligence on the part of the doctor and caused damage.

In addition to the witness's testimony In addition to the witness statement, your medical malpractice attorney will also work with a couple of expert witnesses to support 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 help in making your case ready for trial.

Your attorney will start talks with the defense team as part of the trial preparation. This process can go on for several years. During this period, you will be recovering from your injuries and determining the size and amount of your losses. It's in everyone's best interest to settle outside of court and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement with your current and future recoveries. If the settlement offer seems reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that the negligence of the defendant has contributed to these damages. For example, if the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of leg, and the procedure was flawless, but the patient lost an arm and limb, then the medical professional could be held accountable for malpractice.

In order to have a legitimate malpractice lawsuit, the victim must also prove that a competent attorney could have helped stop their financial loss or at the very least, reduce the amount. This is commonly referred as the "but for" test. It is also necessary to show that the plaintiff has incurred expenses in pursuing a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering and other non-economic losses. The more serious the injury, the higher the amount of compensation. A decision that is found to be a success could be challenged by an appeal. Settlements that are not in court may be beneficial for certain clients. It can save time and money on costs for litigation, as well as avoiding the risk of having a jury judge an issue on the basis of emotion instead of facts.