How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your lawyer will make a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based upon the belief that nurses, doctors or firm other healthcare professionals owe patients the highest standard of care. This standard is defined as the level of care and skill that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team has to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

It can be a challenge to prove that a doctor's standard is the same as another doctor's. This is why it is important to hire a law firm with access to experts who can provide testimony about the medical field and what a reasonable professional in your doctor's situation would have done.

It is not just physicians who commit medical mistakes; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly applicable to emergency room staff where mistakes are frequently due to a crowded environment and overworked staff. Your lawyer may be able to secure testimony from experts in the emergency department who can provide evidence of what could have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase your lawyer will collect and review evidence that could support a malpractice case. This includes medical documents, witness statements expert testimony, and more. The legal team on the other side may also be able to request this information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. Certain documents could be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will know how to conduct powerful and convincing depositions to ensure that these witnesses acknowledge that the doctor's negligence.

Most lawsuits are settled, or settled, prior to reaching the trial stage. In medical garland malpractice law firm cases, this is especially common as the costs of going to trial can be quite expensive. Once the facts of your case have been established, a settlement can be discussed between you and your insurance company for the doctor. If a settlement is not reached, your case could be heard in court.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they determine that you have a strong case for malpractice, then they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant along with a summons.

The next step is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these documents to prove your doctor's breach of the standard of care. The objective is to establish that the error was the result from the negligence of the doctor that resulted in damages.

Aside from the witness statement In addition to the witness statement, your medical malpractice attorney will also work with two or more expert witnesses to support your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process could last for firm several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. When you can, it's the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer with your current and future recoveries. If the settlement is reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant contributed to these damages. For instance, if a doctor did not inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb. If the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

To have a viable legal action, the defendant must also prove that a competent lawyer could have been able avoid financial loss or at least minimize the amount. This is often referred to as the "but for test". In addition, it is required to prove that the plaintiff's expenses to pursue a legal claim that are in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses, lost income, pain and suffering and other economic and non-economic losses. In general, the more severe the injury, the more the award. A successful verdict may be overturned by an appeal. Therefore, settling out of court could be a beneficial alternative for some clients. It could save money and time in court costs. It also avoids the possibility of a jury ruling on a case based upon emotions rather than facts.