How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed including a certain time period during which the suit can be filed.

In addition to showing negligence, the claimant must show that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will make a court complaint and summons after he has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the premise that nurses, doctors, or other healthcare providers are obligated to a patient the highest standard of care. This standard is defined as the amount of skill and caution that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team must to show that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.

A physician's standard of care is often a matter of opinion, and can be difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to testify about what a reasonable professional would have done.

Not only physicians can make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are made due to a busy environment and overworked staff. Your lawyer may be able to get experts from emergency room personnel who can provide evidence of the circumstances that led to the incident and how your doctor failed to fulfill this standard.

Discovery

During the discovery process your lawyer will gather and examine evidence that may support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The legal team on the other side will also have the opportunity to request this information from you and your attorney. This is typically done via interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses to prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be adept in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. In the case of medical lockport malpractice law firm this is the most common due to the fact that going to trial can be expensive. Once the facts of your case are established, a settlement can be discussed between you and your doctor's insurance company. If a settlement isn't feasible your case will proceed to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they find that you have a strong case for malpractice, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant with the summons.

Discovery is the next stage. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidence to show that your doctor violated the standard of care. The objective is to prove that the error was the result of the negligence of the doctor, and resulted in damages.

Your medical round lake park malpractice attorney lawyer will also work with one or more expert witnesses in support of your claim. They will be provided with medical records and detailed information regarding your case, to prepare for their depositions and testimony. They can also assist you in preparing your case for trial.

Your attorney will start talks with the defense as part of the preparation for trial. This process continues throughout the trial, and can last for many years. During this period, you will be recovering from your injuries and determining the amount and value of your damages. It is in everyone's best interests to settle your case outside of court whenever possible. Your lawyer will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant was a factor in those damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was flawless, but the patient lost an arm or limb, the doctor could be held liable for negligence.

To be able to bring a valid legal action, the defendant must also show that a competent lawyer could have helped reduce their financial loss, or at least reduce the size. This is sometimes called the "but for test". It is also essential to show that the plaintiff has incurred expenses in pursuing 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 could be sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering and other non-economic losses. The more serious the injury, the higher the award. However, a ruling that is successful could be reversed upon appeal. Settlements that are not in court may be advantageous for some clients. It can save money as well as time on court costs. It also reduces the risk of having a jury choosing a case based on emotions rather than facts.