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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, such as a deadline within which a lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must prove that the actions of the doctor resulted in losses and injuries. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons if he or she has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are based upon the belief that nurses, doctors and other healthcare providers are obligated to a patient an appropriate level of care. This standard is defined as the level of skill and caution that a reasonably prudent medical professional with the same training would exhibit in similar situations. Your legal team needs to prove that your doctor breached this standard, resulting in injuries from which you sustained damages quantifiable.

A physician's standard of care is usually an issue of opinion and can be difficult to prove. This is why it is important to hire a law firm with access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in your situation would have done.

Not only physicians can make mistakes, but also hospital staff, including nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are frequently caused by a busy atmosphere and overworked personnel. Your attorney may be able obtain evidence from experts in the emergency department who can provide evidence of the correct procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team representing the other side will also have the option to request this information from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most challenging part of a malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also call witnesses who can prove the doctor's negligence. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions to make these witnesses accept that the doctor was negligent.

Most lawsuits are settled before they go to trial. In cases involving medical malpractice this is the most common since the cost of going to trial can be quite expensive. Once the facts of your case have been established, a settlement may be agreed upon between you and the insurance company for the doctor. If no settlement can be reached, your case may proceed to trial.

Trial

Your attorney will file a lawsuit after conducting the initial investigation. If they conclude that you have a solid case for malpractice, then they will file the complaint. This will clearly state your allegations and will be served on the defendant, along with a summons.

Discovery is the next stage. This includes the exchange of medical records as well as depositions from witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The goal is to show that the error was caused by the negligence of the doctor, and resulted in damages.

Your medical malpractice law firms attorney will also collaborate with one or more expert witnesses to back your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also help in making your case ready for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process can go on for several years. In this time, you are recovering from your injuries and determining the extent of your damages. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to those damages. For example, if 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 an arm, then the medical professional could be held responsible for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must prove that a competent attorney could have been able to stop their financial loss or at a minimum, lessen its size. This is commonly referred as the "but for" test. It is also essential to prove that the plaintiff's expenses in the pursuit of a legal claim that is more than the amount demanded as compensation.

Our medical malpractice lawyers can explain the various kinds of damages granted in a malpractice case which include past, present and future medical expenses as well as lost income and pain and discomfort and other non-economic loss. In general, the more severe the injury, the higher the award. However, a verdict that is deemed to be a success could be reversed on appeal. Therefore, settling out of court may be a beneficial option for some clients. It can save time and money in costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of facts.