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How to File a Medical Malpractice Lawsuit

Medical malpractice litigation lawsuits can be a bit complicated. There are specific rules that must be followed including a certain time period 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 documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons if he or she has discovered evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare professionals owe patients the highest standard of care. This is the standard of expertise and prudence an appropriately prudent doctor who has similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable harm.

It can be a challenge to prove that a physician's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

Not only physicians can make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff, whose mistakes are often attributed to a chaotic environment and overworked workers. Your lawyer may be able to secure testimony from experts in the emergency room 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 your lawyer will collect and analyze evidence that could prove a malpractice case. This includes medical records and witness statements as also expert testimony. The legal team of the other side will also have the option to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult component of a medical negligence claim as it requires an expert testimony to support your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This includes radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. In medical malpractice cases this is particularly common due to the fact that going to trial can be quite expensive. Once the facts of your case have been established, a settlement may be discussed between you and malpractice case your doctor's insurance company. If a settlement isn't feasible the case will go to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly outline the allegations and be sent to the defendant along with a summons.

Discovery is the next stage. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these statements to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and caused damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their depositions and testimony. They may also help prepare your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process is ongoing throughout the course of the trial and can take up to several years. During this period, you will be recovering from your injuries and determining the size and amount of your injuries. It is in everyone's best interests to settle the matter out of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement offer against your current and long-term recovery. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that negligence on the part of the defendant contributed to these damages. For instance, if a doctor did not inform the patient that the surgery was a 30 percent risk of losing a limb and the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.

A victim could also prove that a skilled lawyer could have prevented or reduced the financial loss. This is commonly referred as the "but for" test. It is also required to prove that the plaintiff incurred costs in the pursuit of a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various forms of damages that can be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, suffering as well as other non-economic losses. In general, the more severe the injury, higher the amount of compensation. However, a verdict that is deemed to be a success could be reversed when appealed. Settlements outside of court could be advantageous for some clients. It can save money as well as time in litigation fees. It also eliminates the risk of having a jury deciding a case based on emotion rather than fact.