How do I begin a malpractice suit against a doctor?

The first step is to have a medical malpractice attorney assess your case to determine if there is enough evidence to warrant a malpractice suit.  If litigation is deemed worthwhile, the lawyer will file the paperwork to commence the lawsuit.  Following this, the pretrial discovery phase begins.  During this period, both the plaintiff and defendant provide information relevant to the case.  The patient’s lawyer will try to get evidence from the medical practitioners that they did not follow proper procedures, and their lawyers will try to obtain evidence from the patient that he did not suffer any damages.

Witness testimony will be conducted by a series of depositions taken under oath to find out in advance what the other party and witnesses will say during the trial.  Expert witnesses by another physician may be required to prove that the doctor being sued was medically negligent.

Negotiations for a settlement may begin in which both parties try to reach an agreement before a costly trial is started. The parties may choose to settle the dispute at any point in the litigation process.

When the defense does not make a fair offer for settlement, the case will be set for trial.  If a jury finds a defendant negligent, it must also determine the extent of the damages.  A losing party may appeal the verdict if legal errors occurred during the trial.

Talk to a Medical Malpractice Lawyer to find out more about the laws, your case, and your legal rights.

Good luck.