How to File a Medical Malpractice Lawsuit Medical malpractice suits are complex. There are certain guidelines to follow, such as a deadline within which the lawsuit may be filed. In addition to proving negligence, the claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents. Complaint Your lawyer will file a court complaint and summons when he/she has discovered evidence of malpractice. The complaint names the defendants in your case, and clearly outlines the allegations you are making against them. Malpractice claims are founded on the notion that nurses, doctors and other healthcare providers owe a patient the highest standard of care. This is the standard of expertise and prudence an appropriately prudent doctor with similar training would employ in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer damage. It can be challenging to prove that a doctor's standard is the same as another doctor's. This is why it's important to hire a law firm that has access to experts who can testify about the medical field and what a reasonable professional in your doctor's situation would have done. It's not just doctors who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is particularly the case for emergency room personnel where mistakes are caused by a busy atmosphere and overworked personnel. Your lawyer could be able to get an expert witness from the emergency room staff who can demonstrate what could have been done differently and why your doctor was unable to meet this standard. Discovery In the discovery phase during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This includes medical records, 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 may be considered to be confidential and secret due to privacy laws, for instance HIPAA's Privacy Rule. You must also prove that your injury is due to negligence by the doctor. This is the most difficult part of a medical negligence case because it requires an expert testimony to back your claim. Your lawyer will also depose any witnesses that can support the doctor's negligence. This could include radiologists dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer will be adept in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was a factor. The majority of lawsuits are settled prior to trial. This is particularly common in medical malpractice cases as the costs associated with a trial can be very expensive. Once the facts are established you can negotiate an agreement with the insurer of the doctor. If a settlement isn't attainable the case will go to trial. Trial Your lawyer will file a formal complaint after completing the initial investigation. If they conclude that you have a convincing case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant along with the summons. The next phase is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of the statements to prove that the doctor violated the standards of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and resulted in damages. Your medical malpractice attorney will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and detailed information about your case in preparation for their deposition and testimony. They can also assist in preparing your case for trial. As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can last for many years. In this time, you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's best interest to settle your case outside of the courtroom and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of any settlement offer with your current and future settlement. If the settlement is reasonable your lawyer will advise you to accept it. Damages During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that a surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice. In order to be able to file a valid malpractice suit, the plaintiff must prove that a competent lawyer would have been able to prevent their financial loss or at a minimum, lessen its size. This is sometimes called the "but for test". It is also important to show that the plaintiff has incurred costs to pursue a legal claim, that is higher than the amount demanded in compensation. Our medical malpractice attorneys can explain the different types of damages that may be given in a malpractice lawsuit which include past, present and future medical expenses, as well as lost income or income, pain and discomfort and other economic or non-economic losses. The more serious the injury, the greater the award. A successful verdict may be challenged by an appeal. Settlements that are not in court may be beneficial for a few clients. It can reduce time and cost in litigation fees, as well as avoiding the risk of having a jury decide a case based on the basis of emotions rather than facts.