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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to be adhered to with a specific time frame in which the suit can be filed.

In addition to showing negligence, the claimant must prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

If your attorney's probe has revealed evidence that a malpractice occurred, the attorney will file a complaint in court, along with summons. The complaint will identify the defendants and state the allegations against them.

The basis for malpractice claims is the notion that a doctor or healthcare provider is obligated to a patient a certain standard of care. This standard is defined as the amount of expertise and prudence that a reasonably prudent medical professional with the same training would exhibit in similar situations. Your legal team must to show that your doctor did not meet this standard which resulted in injuries from which you have suffered damages that are quantifiable.

It isn't easy to prove that a physician's standards are comparable to another doctor's. This is why it is important to hire a law firm with access to expert witnesses who can testify about the medical field and what a reasonable professional in your doctor's situation would have done.

Not only doctors can make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is especially true of emergency room staff, where mistakes are often made due to a hectic atmosphere and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency department who can provide evidence of the correct procedure and how your doctor's actions did not meet the standards.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could support a malpractice case. This includes medical records and witness statements as also expert testimony. The legal team on the other side will also have the option to request these documents from you and your attorney. This is accomplished through 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 your injury is due to the doctor's negligence. This is the most difficult component of a medical negligence claim, as it requires expert testimony to back your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligent actions. This includes radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your lawyer will know how to conduct powerful and effective depositions so that these witnesses admitting that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. This is particularly true for medical malpractice cases, since the costs involved in a trial can be extremely expensive. Once the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If a settlement cannot be agreed upon, your case will go to trial.

Trial

Your attorney will file a formal complaint after an initial investigation. If they conclude that you have a compelling case of malpractice, then they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant along with the summons.

Discovery is the next phase. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The aim is to prove that the error was a result from the negligence of the doctor that resulted in damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their testimony and deposition. They may also aid in preparing your case for malpractice attorney trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process can go on for many years. During this time, you are recovering from your injuries and determining the severity of your damages. It's in everyone's best interest to settle out of court whenever it is possible. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused the damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a arm, and the operation was perfect, but the patient lost an arm, then the medical professional could be held liable for negligence.

To be able to bring a valid malpractice suit, the plaintiff must also prove that a competent attorney would have been able to prevent their financial loss or at least reduce the amount. This is commonly referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses to pursue a legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that can be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. Generally, the more serious the injury, higher the amount of compensation. A decision that is found to be a success could be overturned by an appeal. Therefore, settling out of court can be a beneficial alternative for some clients. It will save time and money on costs for litigation, as well being able to avoid the potential risk of having a jury judge an issue on the basis of emotions rather than fact.