How to File a Medical Malpractice Lawsuit

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

The claimant must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will submit a court complaint as well as summons after he has discovered evidence of negligence. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based upon the belief that nurses, doctors and other healthcare providers are obligated to a patient the same level of care. This is the level of skill and caution the reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

It isn't easy to prove that a physician's standards are the same as another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide evidence of what a professional of reasonable standards would have done.

Not only doctors make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often made due to a chaotic environment and overworked staff. Your lawyer may be able to get testimony from experts in the emergency department who can help demonstrate the correct procedure and how the actions of your doctor did not meet this standard.

Discovery

During the discovery stage the attorney will gather and review evidence that could support a malpractice case. This includes medical records, witness statements expert testimony, and more. The other side's legal team may also be able to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. Certain documents may be considered to be confidential and secret due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also call any witnesses that can support the negligence of the doctor. This can include radiologists, dentists as well as nurses, assistants and other people who were involved in the care of your health. Your lawyer is skilled in preparing strong and persuasive depositions to convince these witnesses to admit 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 expensive. Once the facts of your case are established, a settlement may be discussed between you and your doctor's insurance company. If a settlement isn't reached, the case may be heard in court.

Trial

Your attorney will file a complaint after conducting the initial investigation. If they decide that you have a solid case of malpractice law firm, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant in the summons.

Discovery is the next phase. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The objective is to prove that the error was caused by the doctor's negligence, and caused damages.

In addition to the witness statement In addition to the witness statement, your medical malpractice attorney will work with two or three 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 deposition and testimony. They may also assist in preparing your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. The process can take several years. In this time, you are recovering from your injuries and determining the magnitude of your damages. When possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer with your current and potential recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized their financial loss. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff was liable for costs in the pursuit of a legal claim which are more than the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses loss of income, suffering and other economic and non-economic losses. The more serious the injury, the greater the award. However, a verdict that is deemed to be a success can sometimes be overturned when appealed. Settlements that are not in court may be beneficial for a few clients. It can save money as well as time in court costs. It also reduces the risk of a juror deciding a case based on emotions rather than facts.