How to File a Medical Malpractice Lawsuit Medical malpractice lawsuits are complex. There are certain guidelines to be adhered to including a specified time period during which the suit can be filed. The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents. Complaint Once your attorney's investigation has found evidence that fraud has occurred, he or she will file a formal complaint in court, along with summons. The complaint will name the defendants and describe the allegations you bring against them. Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider owes the patient a minimum standard of care. This is defined as the amount of care and skill that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team will have to prove that your doctor violated this standard, resulting in injuries from which you suffered quantifiable damages. It can be a challenge to prove that a physician's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done. It's not just doctors who make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is especially true of emergency room staff, as mistakes are often attributed to a crowded environment and overworked workers. Your lawyer may be able to obtain testimony from experts in the emergency room that can assist in proving what could have been done and how your doctor's actions did not meet this standard. Discovery During the discovery phase, your attorney will gather and review evidence that could provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony and more. The legal team representing the other side will also have the option to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain documents may be considered to be confidential and private due to privacy laws, like HIPAA's Privacy Rule. You must also prove your injury is the result of negligence by the doctor. This is the most difficult part of a medical negligence case as it requires an expert evidence to support your claim. Your lawyer will also depose any witnesses that can prove the doctor's negligence. This could include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will be adept at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was a factor. Most lawsuits are settled before they go to trial. This is especially common in medical malpractice cases as the costs of trial can be high. After the facts of your case have been established, a settlement can be reached between you and the insurer of your doctor. If a settlement cannot be reached the case will proceed to trial. Trial Your lawyer will file a lawsuit after an initial investigation. If they determine that you have a compelling case of malpractice, then they will file the complaint. The complaint will clearly state the allegations and must be handed to the defendant with the summons. Discovery is the next step. The next stage involves discovery. This includes the exchange and deposition of 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 was the result of the negligence of your doctor, and caused 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 details about your case in preparation for their depositions and testimonies. They can also assist in the preparation of your case for trial. Your lawyer will begin talks with the defense during the preparation for trial. The process continues throughout the trial, and can take up to several years. During this time, it is important that you are recovering from your injuries and determining how much of your injuries. If you can, it is in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer with your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it. Damages During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient that a surgical procedure was a 30 percent risk of losing a limb, and the procedure was completed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice. A victim may also show that a skilled lawyer could have averted or reduced their financial loss. This is often referred to as the "but for test". In addition, it is important to show that the plaintiff incurred costs to pursue a legal claim that is greater than the amount sought as compensation. Our medical malpractice attorneys can provide an explanation of the different types of damages that can be given in a malpractice lawsuit including past, current and future medical expenses as also loss of income, pain and discomfort, and other non-economic loss. Generally, the more serious the injury, the greater the award. However, a successful verdict can sometimes be overturned in appeal. Settlements outside of court could be beneficial to some clients. It will save money and time in litigation fees. It also helps avoid the possibility of a jury deciding a case based on emotion rather than fact.