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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, for example a time limit within which the lawsuit may be filed.

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

Complaint

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

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes a patient a minimum standard of care. This standard is the level of expertise and prudence a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable injury.

A physician's standard of care is often a matter 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 give testimony on the medical field and what an experienced professional in the same situation as your doctor would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice settlement. This is particularly the case for emergency room personnel where mistakes are often caused by a busy environment and overworked employees. Your lawyer could be able to secure expert testimony from emergency room personnel who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could help in proving a malpractice case. This could include medical records, witness statements as also expert testimony. This information can also be requested by the opposing legal team. This usually happens through interrogatories and requests for the production of documents. However, certain materials may be privileged or confidential because of privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most challenging part of a malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also question witnesses who can demonstrate that the doctor's actions were negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer is 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 before they reach trial. This is particularly common in medical malpractice litigation cases because the costs associated with trial can be expensive. Once the facts are established, you can negotiate a settlement with the doctor's insurer. If a settlement isn't feasible, your case will then go to trial.

Trial

Your attorney will file a formal complaint after an initial investigation. If they determine that you have a convincing case of malpractice, they will file the complaint. It will state clearly your allegations and be served to the defendant with a summons.

The next step is discovery. This involves the exchange of medical records as well as depositions from witnesses. The lawyer will use the statements to prove that your doctor did not follow the standard of care. The goal is to show that the error was the result of the negligence of the doctor, and caused damages.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will work with a couple of experts to support your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimonies. They may also help in the preparation of your case for trial.

Your attorney will begin settlement discussions with the defense as part of the trial preparation. This process could last for many years. During this time, you are recovering from your injuries and determining how much of your losses. If you can, it is in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement proposal with your current and future recoveries. If the settlement seems reasonable your lawyer will advise 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 was a factor in the damages. For example, if the doctor did not inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm or limb, the doctor malpractice lawsuit could be liable for malpractice.

In order to have a legitimate malpractice legal lawsuit, the person who is suing must prove that a competent lawyer would have been able to stop their financial loss or at a minimum, lessen the amount. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred expenses to pursue a legal claim, that is more than the amount sought in compensation.

Our medical malpractice attorneys can explain the different types of damages that could be awarded in a malpractice case which include past, present and future medical expenses, as also loss of income as well as pain and discomfort and other non-economic losses. In general, the more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be overturned through an appeal. Settlements that are not in court may be beneficial for certain clients. It will save money and time on litigation costs. It also avoids the risk of having a jury making a decision based on emotions rather than facts.