How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a specified time period during which the suit can be filed.

In addition to showing negligence, the claimant must show that the actions of the doctor resulted in injuries and losses. This will require hospital and medical documents.

Complaint

If your attorney's probe has found evidence that fraud occurred, the attorney will file a formal complaint in court and issue a summons. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

The basis for malpractice lawyer claims is the belief that a physician or healthcare provider owes the patient a standard of treatment. This standard is defined as the degree of skill and caution that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable damage.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it is important to hire a law firm with access to experts who can testify on the medical field and what reasonable medical professionals in your doctor's position would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room personnel, where errors are usually due to a chaotic environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency department who can explain what should have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will collect and review evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony, and more. The legal team representing the other side will also have the option to obtain this information from you and your attorney. This is typically done through interrogatories and requests for production of documents. However, certain materials may be classified as confidential or privy because of privacy laws like HIPAA and malpractice its Privacy Rule.

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

Your lawyer will also call witnesses who can prove the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your lawyer will know how to conduct effective and powerful depositions in order to get witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. For medical malpractice cases this is the most common since the cost of going to trial can be quite expensive. Once the facts of your case are established, a settlement can be reached between you and the insurance company for the doctor. If a settlement cannot be reached your case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant in the summons.

Discovery is the next stage. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's violation of the standard of care. The goal is to establish that the error was caused by the doctor's negligence, and caused damage.

In addition to the witness's testimony In addition to the witness statement, your medical malpractice attorney will collaborate with one or two experts to support your claim. These experts will be given medical records and detailed information about your case to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process is ongoing throughout the trial, and can sometimes last for several years. In this time, you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's best interest to settle out of court whenever it is possible. Your attorney will carefully compare the merits of any settlement proposal with your current and future recoveries. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant contributed to these damages. If, for example, the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the surgery was perfect but the patient lost an arm in the process, then the medical professional could be held responsible for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must also show that a competent attorney could have been able to avoid financial loss or at the very least, reduce the amount. This is sometimes called the "but for test". Additionally, it is essential to prove that the plaintiff incurred costs to pursue a successful legal claim that is greater than the amount of compensation sought.

Our medical malpractice lawyers can explain the different types of damages that could be caused by a malpractice (this site) lawsuit including past, malpractice present and future medical expenses and lost income, as well as suffering and other non-economic losses. The greater the amount of money awarded, the more serious injury. However, a decision that is successful could be reversed in appeal. Therefore, settling out of court could be a beneficial option for some clients. It will reduce time and cost in court costs, as well as avoid the potential risk of having a jury decide an issue on the basis of emotions rather than facts.