How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, for example the time frame within which a lawsuit can be filed.

The claimant must also demonstrate that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will file a court complaint and summons when he/she has discovered evidence of malpractice lawyer. The complaint identifies the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded on the premise that doctors, nurses or other healthcare providers are obligated to a patient the highest standard of care. This is defined as the amount of care and skill that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer damage.

The standard of care a physician provides is usually an issue of opinion and can be difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

Not only doctors can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is particularly true for emergency room staff where mistakes are caused by a busy atmosphere and overworked workers. Your lawyer may be in a position to obtain experts from emergency room personnel who can show the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may be used to support a malpractice claim. This includes medical records and witness statements, as well as expert testimony. The legal team representing the other side will also have the opportunity to request these documents from you and your attorney. This can be done via interrogatories or requests for documents. However, certain documents may be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the negligence of the doctor. This is the most difficult element of a medical malpractice case because it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your lawyer is skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled, or settled before they reach the trial stage. In medical malpractice cases, this is especially common since the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement can be negotiated between you and the insurance company for the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and will be served on the defendant along with a summons.

The next stage is discovery. This includes the exchange of medical records and depositions of witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of your doctor, and caused damage.

Apart from the witness's statement In addition to the witness statement, your medical malpractice attorney will work with a couple of expert witnesses to support your claim. These experts will be given medical records and all the details regarding your case in order to prepare for their testimony and deposition. They can also assist in the preparation of your case for trial.

Your lawyer will initiate talks with the defense as part of the trial preparation. This process can go on for many years. During this time, you are recovering from your injuries and determining how much of your losses. It is in everyone's best interests to settle the matter out of the courtroom and avoid litigation whenever possible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and long-term recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if a doctor failed to inform the patient that the surgery was a 30 percent risk of losing a limb. If the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

A victim could also prove that a skilled lawyer could have averted or reduced the financial loss. This is commonly referred to as the "but for" test. Additionally, it is important to show that the plaintiff incurred costs in the pursuit of a legal claim that are in excess of the amount sought for compensation.

Our medical malpractice attorneys can explain the various kinds of damages that may be awarded in a case of malpractice which include past, present and future medical expenses as also lost income as well as pain and discomfort and other economic or non-economic loss. The higher the amount the more serious the injury. However, a ruling that is successful can sometimes be overturned on appeal. Settlements outside of court may be beneficial for certain clients. It could save money and time in litigation fees. It also eliminates the risk of a jury choosing a case based on emotions rather than facts.