How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific rules that must be followed including a specified time period within which the suit could be filed.

The claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will file a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants and state the allegations you have made against them.

The basis for malpractice claims is the idea that a doctor or nurse or any other healthcare professional owes a patient a certain standard of care. This is defined as the degree of expertise and prudence that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer injury.

The standard of care for a doctor is often a matter of opinion and is difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to provide proof of what a reasonable professional would have done.

It's not just doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists, also can be liable for malpractice. This is particularly true of emergency room staff, as errors are usually due to a chaotic environment and overworked staff. Your lawyer may be in a position to obtain expert testimony from emergency room personnel who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to meet this standard.

Discovery

During the discovery process, your attorney will collect and review evidence that may be used to support a malpractice claim. This includes medical records and witness statements, as well as expert testimony. The legal team representing the other side will also have the option to request these documents from you and your attorney. This is typically done via interrogatories and requests for the production of documents. Certain documents could be classified as confidential or privy because of privacy laws like 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 challenging aspect of a medical negligence claim because it requires expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can support that the doctor's actions were negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to take powerful and convincing depositions to make these witnesses accept that the doctor's negligence was a factor.

Most lawsuits are resolved, or vimeo settled, before they get to the trial stage. For medical malpractice cases, this is especially common because the cost of going to trial can be quite expensive. Once the facts of your case have been established, a settlement may be reached between you and the insurer of your doctor. If a settlement isn't possible your case will proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have an excellent malpractice case, they will file the complaint. This will clearly outline the allegations and must be handed to the defendant in a summons.

The next phase involves discovery. This involves the exchange of medical records as well as depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standards of care. The objective is to establish that the error was the result of negligence by the doctor and caused damages.

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

Your lawyer will initiate settlement discussions with the defense during the trial preparation. The process can take several years. During this time, it is important that you are recovering from your injuries and determining how much of your losses. If possible, it's the best option for everyone to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and long-term recovery. If the settlement offer is reasonable then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that negligence on the part of the defendant contributed to the damages. For instance, if the doctor did not inform the patient that a surgery was a 30 percent risk of losing a limb, and the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

To be able to bring a valid south pasadena malpractice lawyer lawsuit, the victim must prove that a competent lawyer could have been able to avoid financial loss or at least reduce the amount. This is sometimes referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses loss of income, pain and suffering and other non-economic losses. Generally, the more serious the injury, the more the award. However, a successful verdict can sometimes be overturned in appeal. Settlements outside of court can be beneficial to some clients. It could save money and time in litigation fees. It also reduces the risk of a jury choosing a case based on emotion instead of fact.