How to File a Medical Malpractice Lawsuit

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

In addition to proving negligence, the claimant must prove that the actions of the doctor resulted in injuries and losses. This will require medical and hospital documents.

Complaint

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

Malpractice claims are based on the idea that a doctor or healthcare professional owes a patient a standard of care. This standard is the level of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must to show that your doctor breached this standard, resulting in injuries from which you suffered quantifiable damages.

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

It's not only doctors who make medical errors; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly relevant to emergency room personnel where mistakes are often caused by a hectic environment and overworked employees. Your lawyer may be able to obtain an expert opinion from the emergency room staff who can explain the circumstances that led to the incident and how your doctor failed to fulfill this standard.

Discovery

During the discovery process your lawyer will collect and review evidence that may support a malpractice case. This includes medical records, witness statements, expert testimony and more. This information can be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain documents may be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of your doctor. This is the most challenging part of a medical fountain inn malpractice law firm case as it requires expert witness testimony that supports your claim.

Your lawyer will also call any witnesses that can prove the negligence of the doctor. This could include radiologists, dentists as well as nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will know how to conduct effective and strong depositions to make these witnesses admit that the doctor was negligent.

Most lawsuits are settled before going to trial. This is particularly true in medical malpractice cases as the costs of a trial can be extremely high. After the facts of your case are established, a settlement can be reached between you and the insurer of your doctor. If a settlement isn't feasible the case will go to trial.

Trial

Your lawyer will file a formal complaint after having completed the initial investigation. If they determine that you have a strong case for malpractice, they will file it. It will state clearly your allegations and must be served to the defendant with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their testimony and deposition. They may also help in the preparation of your case for trial.

Your lawyer will initiate talks with the defense team as part of the trial preparation. This process continues throughout the trial and can last for several years. In this time, it is likely that you will be recovering from your injuries while determining the amount and value of your losses. It is in everyone's best interests to settle the matter out of court whenever feasible. Your attorney will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that negligence on the part of the defendant contributed to these damages. For instance, if the doctor failed to inform the patient that a surgical procedure was a 30 percent risk of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or reduced the financial loss. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff has incurred costs to pursue a legal claim, which is greater than the amount they seek in compensation.

Our medical murray malpractice lawyer lawyers can explain the various forms of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. In general, the more serious the injury, the higher the amount of compensation. However, a verdict that is deemed to be a success can sometimes be overturned upon appeal. Settlements outside of court can be advantageous for some clients. It can save money as well as time in court costs. It also helps avoid the risk of having a jury making a decision based on emotions rather than facts.