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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to be adhered to with a specific time frame within which the suit could be filed.

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

Complaint

Your lawyer will make a court complaint and summons when he/she has discovered evidence of negligence. The complaint will name the defendants and describe the allegations you bring against them.

Malpractice claims are based upon the belief that nurses, doctors, or other healthcare professionals owe patients an appropriate level of care. This standard is the level of competence and prudence that an appropriately prudent doctor with similar training would employ in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer injury.

The standard of care a physician provides is often a matter of opinion and can be difficult to prove. This is why it is important to hire a law firm that has access to experts who can testify on the medical field and what a reasonable professional in your doctor's situation would have done.

It is not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true for emergency room staff, where errors are usually due to a crowded environment and overworked employees. Your attorney may be in a position to obtain expert testimony from emergency room personnel who can explain the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may support 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 done through interrogatories or requests for documents. Certain documents could be classified as confidential or privy due to privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most difficult component of a medical negligence claim since it requires expert testimony to support your claim.

Your lawyer will also question witnesses who can prove the negligence of the doctor. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be adept in preparing strong and persuasive depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they get to the trial stage. In cases involving medical malpractice this is the most common since the cost of going to trial can be expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the insurer of your doctor. If a settlement isn't reached, your case may be heard in court.

Trial

When your lawyer has completed the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will be clear in its claims and will be served on the defendant along with a summons.

Discovery is the next phase. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to prove your doctor's breach of standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and caused damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They may also aid in the preparation of your case for trial.

Your attorney will begin negotiations with the defense during the trial preparation. This process is ongoing throughout the course of the trial and can take up to years. During this time, you will be recovering from your injuries while determining the extent and value of your losses. If you can, it is in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

To be able to bring a valid malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able avoid financial loss or at the very least, reduce the size. This is often referred to as the "but for" test. It is also essential to prove that the plaintiff has incurred costs to pursue a legal claim that is greater than the amount they seek in compensation.

Our medical malpractice attorneys can explain the various kinds of damages that could be given in a malpractice lawsuit including past, current and future medical expenses as also loss of income as well as pain and discomfort and other non-economic loss. The more money you are awarded is, the more serious injury. A decision that is found to be a success could be overturned through an appeal. Settlements that are not in court may be advantageous for some clients. It will save money and time in litigation fees. It also eliminates the risk of having a jury making a decision based on emotion rather than fact.