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How to File a Medical Malpractice Lawsuit

Medical malpractice attorneys lawsuits are a complex matter. There are specific guidelines to follow, including a deadline within which the lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must show that the actions of the doctor resulted in injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are founded on the idea that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This is defined as the level of expertise and prudence that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team must prove that your doctor violated this standard and Malpractice Lawsuit caused you to suffer quantifiable damages.

A physician's standard of care is often an issue of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

Not only doctors can make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is especially true for malpractice lawsuit emergency room staff, where mistakes are often made due to a hectic atmosphere and overworked staff. Your lawyer could be able to secure an expert opinion from the emergency room personnel who can show what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery process, your attorney will gather and look over evidence that might prove a malpractice claim. This could include medical records, witness statements as and expert testimony. This information can also be requested by the legal team opposing the case. This is usually done through inquiries and requests for production of documents. Certain documents could be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview witnesses who can demonstrate the doctor's negligence. This can include radiologists, dentists nurses, assistants, and other personnel who were involved in the care of your health. Your attorney will know how to take effective and powerful depositions in order to get witnesses to accept that the doctor was negligent.

Most lawsuits are settled prior to trial. In the case of medical malpractice, this is especially common because the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

After your attorney has completed the initial investigation and decides you have a strong malpractice case they will file the complaint. The complaint will be clear in its allegations and be served on the defendant along with a summons.

Discovery is the next phase. This involves the exchange of medical records and depositions from witnesses. The lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process can go on for many years. During this period, you'll be recovering from your injuries and determining the magnitude and value of your damages. 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 any settlement with 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 phase, plaintiffs will need to show that their losses are substantial and that the negligence of the defendant has contributed to these damages. If, for example, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of a limb, and the surgery was flawless, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the victim must prove that a competent lawyer could have been able to reduce their financial loss, or at a minimum, lessen the amount. This is often referred to as the "but for test". In addition, it is essential to prove that the plaintiff was liable for costs in the pursuit of a legal claim that are in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the various types of damages that can be awarded in a malpractice case which include past, present and future medical expenses, as also lost income as well as pain and discomfort and other non-economic loss. The higher the amount the more serious the injury. A verdict that is successful could be overturned through an appeal. So, settling outside of court may be a beneficial option for certain clients. It could save money and time on court costs. It also avoids the risk of having a jury ruling on a case based upon emotion instead of fact.