How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits [pop over to this website] can be very complicated. There are specific guidelines to follow, including a deadline within which the lawsuit can be filed.

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

Complaint

If your attorney's probe has discovered evidence of malpractice was committed, he will file a lawsuit in court along with summons. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

malpractice attorneys claims are based upon the belief that nurses, doctors and other healthcare providers owe a patient an appropriate level of care. This standard is defined as the level of expertise and prudence that a reasonable medical professional with similar training could exercise in similar situations. Your legal team must to show that your doctor did not meet this standard and caused injuries to which you have suffered damages that are quantifiable.

A doctor's standard of care is usually an issue of opinion, and is often difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to provide evidence of what a professional of reasonable standards would have done.

It's not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room personnel, where mistakes are often made due to the crazed atmosphere and overworked staff. Your attorney may be able to secure experts from emergency room personnel who can show the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

In the discovery phase your lawyer will collect and review evidence that may support a malpractice case. This could include medical records, witness statements as well as expert testimony. The legal team of the other side can also have the chance to request these documents from you and your attorney. This usually happens through interrogatories as well as requests for production of documents. Certain documents could be confidential or protected because of privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury is due to the negligence of your doctor. This is the most challenging part of a malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can prove the negligence of the doctor. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to take effective and powerful depositions to make witnesses to admitting that the doctor was negligent.

Most lawsuits are settled before they go to trial. In the case of medical malpractice, this is especially common since the cost of going to trial can be expensive. Once the facts of your case are established, a settlement may be agreed upon between you and the insurance company of the doctor. If a settlement is not reached, your case could proceed to trial.

Trial

Your lawyer will file a lawsuit after having completed the initial investigation. If they determine that you have a strong case for malpractice, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these statements to establish your doctor's violation of the standard of care. The objective is to establish that the error resulted of negligence by the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process can go on for many years. During this time period, you are recovering from your injuries and determining the extent of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement proposal is reasonable then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that negligence on the part of the defendant caused these damages. For example, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance 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 accountable for malpractice.

To be able to bring a valid malpractice suit, the plaintiff must prove that a competent lawyer could have been able reduce their financial loss, or at a minimum, lessen the amount. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff incurred costs to pursue a successful legal claim that is over the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be caused by a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and other non-economic losses. The more money you are awarded the more serious the injury. However, a ruling that is successful may be rescinded on appeal. So, settling out of court can be a viable alternative for some clients. It can reduce time and cost in court costs, as well being able to avoid the potential risk of having a jury judge cases on the basis of emotion rather than facts.