How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits (check it out) 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 losses and injuries. This will require hospital and medical documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are founded on the notion that nurses, doctors or other healthcare providers owe a patient a certain standard of care. This is defined as the degree of skill and caution that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team needs to prove that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

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

It is not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can commit malpractice law firm. This is especially true of emergency room staff, whose errors are usually due to a chaotic environment and overworked employees. Your lawyer could be able to get an expert opinion from the emergency room personnel who can demonstrate what could have been done differently and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase, your attorney will collect and review evidence that could support a malpractice law firm case. This includes medical documents, witness statements expert testimony and more. These records can also be requested by the opposing legal team. This is done through interrogatories or requests for documents. However, certain documents may be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most challenging part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also call witnesses who can prove the negligence of the doctor. This can include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, before they reach the trial stage. This is particularly common in medical malpractice cases because the costs associated with the trial process can be expensive. Once the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If no settlement can be reached, the case may proceed to trial.

Trial

Your lawyer will file a complaint following conducting the initial investigation. If they find that you have a compelling case of malpractice, then they will file it. The complaint will clearly state the allegations and will be given to the defendant with the summons.

The next step is discovery. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of the statements to prove that the doctor did not follow the standard of care. The objective is to prove that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will collaborate with two or three expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testify. They may also help in preparing your case for trial.

Your lawyer will initiate negotiations with the defense as part of the preparation for trial. This process continues throughout the case and may last for many years. During this time period, you are recovering from your injuries and determining the severity of your losses. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor did not inform the patient that a surgery was associated with a 30 percent chance of losing a limb and the procedure was completed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

To have a viable legal action, the defendant must prove that a competent lawyer would have been able to prevent their financial loss or at least reduce its size. This is sometimes referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that could be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, pain and suffering as well as other non-economic losses. The more money you are awarded the more serious the damage. However, a verdict that is deemed to be a success could be reversed on appeal. So, settling outside of court can be a good alternative for some clients. It can help save time and money on court costs, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotion rather than facts.