How to File a Medical Malpractice Lawsuit

Medical malpractice attorney lawsuits can be a bit complicated. There are specific guidelines that must be met with a specific time frame in which the suit can be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor led to injuries and losses. This will require hospital and medical records.

Complaint

Your lawyer will submit a court complaint as well as summons after he has discovered evidence of negligence. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are founded on the notion that nurses, doctors or other healthcare professionals owe patients the highest standard of care. This is the standard of competence and care an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

The standard of care a physician provides is usually an issue of opinion, and can be difficult to prove. This is why it's crucial to choose a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

It's not just doctors who make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is particularly true for emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked staff. Your attorney might be able to obtain testimony from experts in the emergency room who can explain the correct procedure and how your doctor's actions 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 provide evidence to support a claim for malpractice. This includes medical records, witness statements, as also expert testimony. The information may also be requested by the opposing legal team. This is typically done through interrogatories and requests for the production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult aspect of a medical malpractice case, as it requires expert testimony to support your claim.

Your lawyer will also call witnesses who can prove the negligence of the doctor. This includes radiologists, dentists nurses, assistants, nurses and other people who were involved in the care of your health. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is particularly true in medical malpractice cases since the costs involved in a trial can be very expensive. Once the facts are established you can negotiate a settlement with the doctor's insurer. If a settlement isn't possible your case will go to trial.

Trial

Once your attorney has completed the initial investigation and decides you have a strong malpractice attorney case, they will file the complaint. The complaint will clearly state your claims and will be served to the defendant with a summons.

The next step is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. The lawyer will use the evidence to show that your doctor did not follow the standard of care. The goal is to establish that the error was caused by the doctor's negligence, and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with a couple of expert witnesses to support your claim. These experts will be provided medical records and specific information about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process can go on for many years. During this time, you will be recovering from your injuries and determining the size and amount of your injuries. When possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For example, if the doctor did not inform the patient that a surgery was associated with a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm and the medical professional could be held accountable for malpractice.

To have a viable legal action, the defendant must also show that a competent lawyer could have helped avoid financial loss or at a minimum, lessen the size. This is often referred to as the "but for" test. In addition, it is essential to prove that the plaintiff's expenses in pursuit of a successful legal claim that are in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that could be attained in a malpractice case including past, present and future medical expenses loss of income, suffering and other non-economic losses. In general, the more serious the injury, higher the amount of compensation. A decision that is found to be a success could be overturned through an appeal. Settlements that are not in court may be beneficial for certain clients. It could save money and time on court costs. It also reduces the risk of having a jury ruling on a case based upon emotion rather than fact.