How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to follow, for example a time limit within which the lawsuit can be filed.

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

Complaint

Your attorney will prepare a court-appointed complaint and summons if he or she has found evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

The basis for malpractice claims is the belief that a physician, nurse or other healthcare professional owes a patient a minimum standard of care. This is the level of skill and caution reasonable doctors with similar training would employ in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer injury.

The standard of care a physician provides is usually an issue of opinion, and it is often difficult to prove. This is why it is crucial to choose a law firm with access to experts who can testify about the medical field and what reasonable professionals in your situation would have done.

Not only doctors can make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is particularly relevant to emergency room personnel where mistakes are often caused by a busy environment and overworked employees. Your lawyer could be able to obtain an expert opinion from the emergency room personnel who can show the circumstances that led to the incident and the reason why your doctor failed to meet this standard.

Discovery

During the discovery phase your lawyer will collect and review evidence that may prove a California City malpractice lawyer case. This includes medical records, witness statements as and expert testimony. The information could be requested by the opposing legal team. This is typically done through inquiries and requests for production of documents. However, certain materials may be confidential or protected 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 difficult component of a medical negligence claim because it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This can include nurses, assistants, radiologists, Malpractice Law Firm dentists and others who were involved in your treatment. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. This is especially true in medical malpractice cases as the costs involved in the trial process can be expensive. Once the facts of your case have been established, a settlement can be discussed between you and your doctor's insurance company. If a settlement isn't attainable, your case will then go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will clearly state the allegations and will be given to the defendant in a summons.

Discovery is the next phase. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these evidence to prove that your doctor violated the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and detailed information about your case to prepare for their testimony and deposition. They may also help in making your case ready for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process could last for many years. In this time, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's interest to settle the matter out of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement proposal is reasonable then your attorney will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused those damages. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of leg, and the procedure was flawless, but the patient lost a limb, then the medical professional may be held accountable for negligence.

A victim may also demonstrate that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff has paid for expenses in pursuit a successful legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various types of damages that can be caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. The higher the amount, the more serious injury. However, a ruling that is successful could be reversed when appealed. Settlements outside of court can be beneficial for certain clients. It can reduce time and cost in litigation costs, aswell as avoid the potential risk of having a jury decide cases on the basis of emotions instead of facts.