How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific rules that must be followed including a specified time period in which the suit can be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, the attorney will file a complaint in court, along with a summons. The complaint names the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based on the notion that nurses, doctors, or other healthcare professionals owe patients the highest standard of care. This is the level of expertise and prudence a reasonably prudent doctor with similar training would use in similar situations. Your legal team must prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable harm.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. This is why it's crucial to choose a law firm with access to expert witnesses who can testify on the medical field and what reasonable professionals in your doctor's situation would have done.

It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists can be liable for malpractice lawsuits. This is especially true for emergency room staff, where errors are usually due to a chaotic environment and overworked workers. Your lawyer may be able to get testimony from experts in the emergency room who can explain what could have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony and more. The legal team of the other side will also have the opportunity to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. Certain materials could be protected and confidential due to privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult aspect of a medical negligence case since it requires expert testimony to support your claim.

Your lawyer will also depose witnesses who can prove the doctor's negligent actions. This includes radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your lawyer is skilled in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. In the case of medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't attainable, your case will then go to trial.

Trial

Your attorney will file a lawsuit after an initial investigation. If they conclude that you have a solid case of malpractice, they will file it. This will clearly state your claims and will be served on the defendant along with a summons.

Discovery is the next stage. The next step involves discovery. This includes the exchange and depositions of witnesses. The lawyer will use the evidence to show that your doctor did not follow the standard of care. The aim is to prove that the error resulted of the doctor's negligence and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to back 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 in the preparation of your case for trial.

Your lawyer will begin talks with the defense during the trial preparation. This process is ongoing throughout the trial, and can take up to years. In this time, you will be recovering from your injuries while determining the size and amount 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 proposal with your current and potential recovery. If the settlement is reasonable, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are significant and that negligence on the part of the defendant caused these damages. For instance, if the doctor did not inform the patient that a surgical procedure had a 30% 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 negligence.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. This is often referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses in pursuit of a successful legal claim that are greater than the amount demanded as compensation.

Our medical malpractice lawyers can explain the various kinds of damages that may be granted in a malpractice case including past, current and future medical expenses as also loss of income as well as pain and discomfort and other economic or non-economic losses. In general, the more serious the injury, the more the award. A verdict that is successful could be rescinded by appeal. Settlements outside of court can be beneficial to some clients. It can save time and money in litigation fees, as well as avoiding the risk of having a jury decide cases on the basis of emotion instead of fact.