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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to follow, such as the time frame within which the lawsuit can be filed.

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

Complaint

After your attorney's investigation has uncovered evidence that malpractice has occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants and state the allegations you make against them.

The basis for malpractice claims is the belief that a physician or healthcare provider owes the patient a minimum standard of care. This standard is defined as the degree of competence and care that a reasonably prudent medical professional who has similar training could exercise in similar situations. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable damage.

A doctor's standard of care is often an issue of opinion, and is often difficult to prove. This is why it is important to hire a law firm that has access to experts who can testify about the medical field and what an experienced professional in your situation would have done.

It's not just doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly relevant to emergency room personnel where mistakes are usually due to a crowded atmosphere and overworked workers. Your attorney may be in a position to obtain an expert opinion from the emergency room personnel who can show what should have happened and the reason why your doctor failed to fulfill this standard.

Discovery

In the discovery phase the attorney will gather and examine evidence that could be used to support a malpractice claim. This includes medical records and witness statements as well as expert testimony. These records can be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, for instance 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 challenging aspect of a medical malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also call witnesses who can prove the doctor was negligent. This can include radiologists, dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your attorney will be skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially true in medical malpractice litigation cases as the costs associated with trial can be high. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement isn't reached, the case may go to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. This will clearly state the allegations and must be handed to the defendant along with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these evidence to prove 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 the doctor and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your attorney will start negotiations with the defense team as part of the preparation for trial. This process can go on for several years. During this time period, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's interest to settle your case outside of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to the damages. If, for malpractice claim example, the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost an arm, then the medical professional could be held liable for malpractice.

A victim may also show that a skilled lawyer could have prevented or reduced the financial loss. This is sometimes called the "but for test". It is also important to show that the plaintiff's expenses in the pursuit of a legal claim that are over the amount sought for compensation.

Our medical malpractice litigation attorneys can explain the various types of damages awarded in a case of malpractice that include past, current and malpractice claim future medical expenses, as well as loss of income or income, pain and discomfort and other non-economic loss. The more serious the injury, the greater the award. However, a ruling that is successful could be reversed in appeal. Settlements outside of court may be beneficial for a few clients. It can save money as well as time in litigation fees. It also helps avoid the risk of having a jury ruling on a case based upon emotions instead of facts.