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How to File a Medical Malpractice Lawsuit

Medical malpractice law firms lawsuits can be a bit complicated. There are specific guidelines to be followed including a certain time period within which the suit may be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has uncovered evidence that malpractice was committed, he will file a lawsuit in court and issue a summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes the patient a standard of treatment. This standard is the level of competence and care the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team will have to show that your doctor did not meet this standard which resulted in injuries from which you suffered quantifiable damages.

It can be a challenge to prove that a physician's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the medical field to provide proof of what a competent professional would have done.

Not only doctors make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is particularly the case for emergency room personnel where mistakes are made due to a busy environment and overworked staff. Your attorney may be able to get an expert opinion from the emergency room personnel who can explain the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony and more. The legal team representing the other side will also have the opportunity to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was the result of a medical professional's negligence. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligence. This could include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your attorney will know how to conduct effective and strong depositions so that these witnesses acknowledge that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. In medical malpractice cases, this is especially common due to the fact that going to trial can be quite expensive. Once the facts are established you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't agreed upon, your case will proceed to trial.

Trial

Your lawyer will file a complaint following completing the initial investigation. If they determine that you have a solid case for malpractice, then they will file it. This will clearly state your claims and will be served to the defendant with a summons.

The next stage is discovery. The next phase involves discovery. This includes the exchange and Malpractice Lawyers deposition of witnesses. Your lawyer will use these evidence to show that your doctor acted in violation of the standard of care. The goal is to establish that the error was the result of the negligence of your doctor, and caused damage.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimony. They can also assist in the preparation of your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. The process continues throughout the case and can sometimes last for years. During this time, you will be recovering from your injuries and determining the size and amount of your injuries. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement is 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 contributed to those damages. If, for example, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of arm, and the operation was successful, but the patient lost an arm and limb, then the medical professional may be held accountable for negligence.

A victim could also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is commonly referred as the "but for" test. It is also required to show that the plaintiff incurred costs to pursue a legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages caused by a malpractice lawsuit including past, present and future medical expenses, lost income, pain and suffering and other economic and non-economic losses. The more money you are awarded is, the more serious injury. However, a ruling that is successful can sometimes be overturned upon appeal. Therefore, settling out of court can be a beneficial option for certain clients. It can save money and time in court costs. It also avoids the risk of having a jury making a decision based on emotion instead of fact.