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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, such as the time frame within which the lawsuit may be filed.

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

Complaint

Your lawyer will make a court complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based on the premise that nurses, doctors, or other healthcare professionals owe patients the highest standard of care. This is the amount of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team needs to show that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it is crucial to choose a law firm with access to expert witnesses who can provide testimony about the medical field and what an experienced professional in your doctor's position would have done.

It's not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists are susceptible to making mistakes. This is especially true of emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked workers. Your lawyer may be in a position to get experts from emergency room personnel who can provide evidence of what could have been done differently and why your doctor was unable to meet this standard.

Discovery

During the discovery phase the attorney will gather and examine evidence that could support a malpractice case. This includes medical records and witness statements, as also expert testimony. These records can be requested by the opposing legal team. This is typically done via interrogatories and requests for production of documents. Certain materials are considered to be privileged and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most difficult part of a medical negligence case as it requires an expert testimony to back your claim.

Your lawyer will also depose any witnesses that can support the doctor's negligence. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your attorney will be skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled before they reach the trial stage. This is especially common for medical malpractice cases, since the cost of a trial can be extremely high. Once the facts are established you can negotiate a settlement with the insurance company that covers the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

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

Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The aim is to demonstrate that the error was the result of the negligence of the doctor, and caused damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with a couple of experts to support your claim. They will be provided with medical records and specific information about your case in preparation for their depositions and testimony. They may also help in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process continues throughout the trial and may last for several years. During this time, you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle outside of court and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of any settlement with your current and future recoveries. If the settlement offer is reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if the doctor did not inform the patient that the surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent lawyer could have been able to prevent their financial loss or at least reduce the size. This is often referred to as the "but for" test. It is also required to prove that the plaintiff has paid for expenses in pursuing a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various types of damages granted in a malpractice case that include past, current and future medical expenses, as along with loss of income as well as pain and discomfort and other non-economic loss. Generally, the more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be overturned by an appeal. Settlements outside of court could be advantageous for some clients. It can save money as well as time on court costs. It also eliminates the possibility of a jury ruling on a case based upon emotions rather than facts.