How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed including a time limit within which the suit may be filed.

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has discovered evidence of malpractice. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare professional owes a patient a standard of treatment. This is defined as the amount of skill and caution that a reasonably prudent medical professional with the same training could exercise in similar situations. Your legal team needs to show that your doctor did not meet this standard and caused injuries to which you suffered quantifiable damages.

It can be difficult to prove that a physician's standard is the same as another doctor's. This is why it is important to hire a law firm that has access to expert witnesses who can testify about the medical field and what an experienced professional in your doctor's position would have done.

It's not just doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also are susceptible to making mistakes. This is especially the case for emergency room personnel where mistakes are usually caused by a busy environment and overworked staff. Your lawyer could be able to obtain expert testimony from emergency room staff who can demonstrate what should have happened and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery stage your lawyer will collect and analyze evidence that could prove a malpractice case. This includes medical records, witness statements expert testimony, and more. The legal team of the other side may also be able to request these documents from you and your attorney. This can be done via interrogatories or requests for documents. Certain documents may be considered to be confidential and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of the doctor. This is the most difficult component of a medical negligence claim, as it requires expert evidence to support your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your lawyer will know how to take powerful and convincing depositions so that these witnesses admitting that the doctor's negligence.

Most lawsuits are settled before going to trial. In the case of medical malpractice lawyer this is the most common since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement cannot be reached, your case could proceed to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be handed to the defendant along with a summons.

Discovery is the next stage. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these documents 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 your doctor, and caused damages.

Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with one or two expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testify. They may also help prepare your case for trial.

Your lawyer will begin talks with the defense during the preparation for trial. This process can last for several years. During this time, it is important that you are recovering from your injuries and determining how much of your losses. When possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer with your current and potential recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm, the medical professional may be held liable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes referred to as the "but for" test. It is also required to prove that the plaintiff has incurred expenses to pursue a successful legal claim which are over the amount of compensation sought.

Our medical malpractice lawyer lawyers are able to explain the various forms of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses, lost income, pain and suffering and other economic and non-economic losses. In general, the more serious the injury, the greater the award. However, a verdict that is deemed to be a success is sometimes overturned when appealed. Settlements outside of court can be advantageous for Vimeo some clients. It will save money and time in litigation fees. It also eliminates the risk of a juror ruling on a case based upon emotion instead of fact.