How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to be followed including a time limit during which the suit can be filed.

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

Complaint

Your attorney will make a court complaint and summons when he/she has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations you have made against them.

Malpractice claims are based on the belief that a physician or nurse or any other healthcare professional owes a patient a certain standard of care. This is the level of competence and care the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable injury.

It can be difficult to prove that a doctor's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.

It's not just physicians who make medical errors; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is especially applicable to emergency room staff where mistakes are caused by a hectic environment and overworked employees. Your lawyer could be able to get expert testimony from emergency room staff who can demonstrate the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

During the discovery phase the attorney will collect and look over evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as and expert testimony. The information may also be requested by the opposing legal team. This is typically done through inquiries and requests for production of documents. Certain documents could be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury was the result of a doctor's negligence. This is the most difficult aspect of a case involving medical negligence because it requires an expert testimony to support your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your attorney will know how to take effective and powerful depositions to make witnesses to acknowledge that the doctor was negligent.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is especially common in medical malpractice cases because the cost of a trial can be very expensive. After the facts of your case are established, a settlement could be negotiated between you and the doctor's insurance company. If a settlement cannot be reached your case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case they will file the complaint. The complaint will be clear in its allegations and be served to the defendant with a summons.

Discovery is the next step. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The goal is to show that the error was caused by the negligence of the doctor, and caused damage.

Your medical sulphur malpractice Law firm [vimeo.com] lawyer will also work with one or more expert witnesses to support your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testimony. 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 can last for many years. During this time period, you are recovering from your injuries and determining the extent of your losses. When possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement proposal is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of limb, and the surgery was successful, but the patient lost an arm and limb, then the medical professional could be held responsible for malpractice.

A victim could also prove that a competent lawyer could have prevented or mitigated the financial loss. This is sometimes called the "but for test". It is also necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that are in excess of the amount of compensation sought.

Our medical malpractice lawyers can explain the different types of damages that could be granted in a phoenix malpractice lawsuit case which include past, present and future medical expenses as well as lost income and pain and discomfort and other economic or non-economic loss. The greater the amount of money awarded, the more serious injury. A verdict that is successful could be challenged by an appeal. So, settling outside of court can be an advantageous option for certain clients. It will save money and time in court costs. It also eliminates the risk of a jury choosing a case based on emotions rather than facts.