How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, including a deadline within which the lawsuit can be filed.

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

Complaint

After your attorney's investigation has revealed evidence that a malpractice lawyers occurred, he or she will file a complaint in court and issue summons. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider is obligated to a patient a certain standard of care. This standard is the level of expertise and prudence a reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must to show that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

It isn't easy to prove that a physician's standards are comparable to another doctor's. This is why it is crucial to choose a law firm that has access to experts who can testify about the medical field and what an experienced professional in your situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is particularly true for emergency room staff where mistakes are caused by a busy environment and overworked staff. Your attorney may be able to obtain an expert opinion from the emergency room personnel who can provide evidence of the circumstances that led to the incident and how your doctor failed to fulfill this standard.

Discovery

During the discovery phase, your attorney will collect and examine evidence that could prove a malpractice case. This includes medical records, witness statements as in addition to expert testimony. The other side's legal team will also have the opportunity to request this information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. Certain materials may be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer can also question witnesses to prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and malpractice lawyers others who were involved in your treatment. Your lawyer will be proficient in taking effective and convincing depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they reach trial. This is especially true in medical malpractice cases as the cost of trial can be high. 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 a settlement isn't agreed upon, your case will be heard in court.

Trial

Once your attorney has completed the initial investigation and decides you have an excellent malpractice 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 phase. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and caused damage.

Aside from the witness statement In addition to the witness statement, your medical malpractice attorney will also work with a couple of expert witnesses to prove your claim. These experts will be provided medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. This process can last for several years. During this time period, you are recovering from your injuries and determining the severity of your damages. If possible, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recovery. If the settlement offer is reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For instance, if a doctor did not inform the patient that the procedure 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.

In order to have a legitimate legal action, the defendant must also show that a competent lawyer could have helped avoid financial loss or at the very least, reduce the size. This is sometimes referred to the "but for test". It is also important to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages suffered in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a decision that is successful can sometimes be overturned on appeal. So, settling out of court may be a good option for certain clients. It will save time and money on litigation fees, as well as avoid the potential risk of having a jury judge an issue on the basis of emotions rather than facts.