Medical Malpractice: How to Make a Compelling Legal Complaint

A Strong Medical Malpractice Case Starts With a Clear Story

When a medical malpractice lawsuit is filed, the complaint gives the defense its first real look at what happened. Georgia law sets requirements for what a complaint must include; however, meeting the minimum is different from clearly explaining what happened, where the care went wrong, and how that negligence caused harm. At The Baer Law Firm, preparing a medical malpractice complaint starts long before the document is filed. It starts with understanding the client’s story, reviewing and analyzing medical records numerous times, consulting medical experts, and determining who may be responsible.

Start With the Medical Records and Tell the Story Clearly

Medical records can contain hundreds or even thousands of pages, but they do not always tell the story clearly. Attorneys need to identify the key events and build a timeline of the patient’s care, including physician notes, nursing assessments, vital signs, laboratory results, imaging, medications, and changes in the patient’s condition. For example, in a delayed stroke diagnosis case, an attorney may need to determine when the patient’s symptoms should have raised concern and whether additional action should have been taken. Medical experts can help determine whether the care fell below the accepted standard and whether that failure caused the patient’s injuries. The complaint should clearly explain what happened, where the care went wrong, how the negligence caused harm, and why the defendants are responsible. Sometimes, the best way to accomplish that is to write the introduction last. After reviewing the records, building the timeline, consulting experts, and investigating the defendants, the attorney should be able to explain the case in a few clear sentences. The goal is simple. The defense should understand the story and why the case matters after reviewing the first two pages.

Identify Who May Be Responsible

Determining who is legally responsible for a medical malpractice claim requires extensive investigation. A patient may assume a hospital is responsible for everything that happens inside its walls. However, doctors, nurses, and other healthcare providers may work for separate medical groups or staffing companies that also have liability. Determining who provided the care, who employed that person, and who may be legally responsible is an important part of preparing the case. That information is not always obvious from the medical records, which is another reason early investigation matters.

Do Not Wait Until the Deadline

Medical malpractice cases require thorough investigation before filing a lawsuit, and that takes significant time. For example, attorneys need to obtain all the relevant medical records and imaging; review those medical records; identify potential providers who were negligent; articulate potential negligence theories against those providers; consult with experts regarding the providers and specific negligent acts; investigate the providers’ employers; investigate the providers’ history for practicing bad medicine; etc. Typically, conducting the legwork to file a medical malpractice case takes at least six (6) months, if not longer. Waiting until the statute of limitations approaches can leave little time to address problems as they arise. Starting early gives an attorney more time to understand the case, investigate the evidence, and determine the best way to move forward.

Strong Cases Start With Strong Preparation

A medical malpractice complaint is the beginning of a lawsuit, but it is also the beginning of the case’s story. At The Baer Law Firm, we believe clients deserve more than a complaint that simply meets the minimum requirements. They deserve attorneys who take the time to understand what happened, investigate the evidence, work with qualified experts, and clearly explain the case from the beginning. The story should be clear. If you or a loved one has been harmed by medical negligence in Georgia, contact The Baer Law Firm today to discuss your case.

Bryan Baer

Attorney Bryan Baer has twenty (20) years of legal experience representing clients in serious and serious personal injury and medical malpractice cases. He has been first chair in more than a dozen twelve-person jury trials on both the plaintiff and defense sides. Recognized as a leader in his legal community, he is frequently asked to speak at legal seminars on trial topics ranging from “Best Practices in Voire Dire” to “Maximizing Damages at Trial” as well as insurance issues such as “Navigating the Insurance Landscape” and “Injury Demands & Negotiations.” Learn more here.