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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed including a certain time period within which the suit could be filed.

The claimant must also prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

After your attorney's investigation has found evidence that fraud occurred, the attorney will file a formal complaint in court along with summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider owes the patient a minimum standard of care. This is the amount of skill and caution an appropriately prudent doctor with similar training would use in similar situations. Your legal team must to prove that your doctor did not meet this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

A doctor's standard of care is usually a matter of opinion, and it is difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide proof of what a reasonable professional would have done.

It's not just doctors who make medical errors; hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly the case for emergency room personnel where mistakes are due to a crowded environment and malpractice attorney overworked staff. Your attorney may be able to obtain testimony from experts in the emergency department that can assist in proving what could have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery process the attorney will collect and look over evidence that might support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team on the other side can also have the chance to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain documents may be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most difficult part of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also call witnesses who can demonstrate that the doctor's actions were negligent. This includes radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your attorney will know how to conduct effective and strong depositions in order to get witnesses to acknowledge that the doctor was negligent.

The majority of 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 then you can negotiate a settlement with the doctor's insurer. If a settlement cannot be reached, your case could proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have a strong malpractice case they will file the complaint. This will clearly state the allegations and be sent to the defendant in the summons.

Discovery is the next step. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these statements to establish your doctor's violation of the standard of care. The objective is to establish that the error resulted from the negligence of the doctor that resulted in damages.

Aside from the witness statement, your medical malpractice attorney will also work with one or two experts to support your claim. They will be provided with medical records and details regarding your case, to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your attorney will start talks with the defense as part of the preparation for trial. This process is ongoing throughout the case and can last for Malpractice attorney many years. During this time, it is important that you are recovering from your injuries and determining the severity of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement with your current and future recoveries. If the settlement offer seems reasonable then your attorney will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of a arm, and the operation was successful, but the patient lost a limb in the process, then the medical professional could be held responsible for malpractice.

A victim may also show that a skilled lawyer could have prevented or reduced their financial loss. This is commonly referred as the "but for" test. In addition, it is important to show that the plaintiff incurred costs to pursue a legal claim which are over the amount sought for compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that can be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering as well as other non-economic losses. The more money you are awarded is, the more serious injury. A successful verdict may be overturned by an appeal. Therefore, settling out of court could be an advantageous option for certain clients. It can save money and time in litigation fees. It also eliminates the risk of having a jury deciding a case based on emotions instead of facts.