How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are certain guidelines to be followed, which include a deadline within which the lawsuit may be filed.
In addition to proving negligence, the claimant must prove that the actions of the doctor caused injuries and losses. This will require medical and hospital records.
Complaint
When your attorney's inquiry has uncovered evidence that malpractice has occurred, he or she will file a complaint with the court, along with summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.
Malpractice claims are based on the idea that a doctor or healthcare provider owes a patient a certain standard of care. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional with the same training would exercise in similar circumstances. Your legal team has to prove that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.
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 doctor would have done.
It's not just doctors who make mistakes,
malpractice attorney but so can hospital personnel, such as anesthesiologists and nurses. This is especially relevant to emergency room personnel where mistakes are frequently due to a crowded environment and overworked staff. Your lawyer could be able to secure experts from emergency room personnel who can demonstrate what should have happened and how your doctor failed to meet the standards.
Discovery
During the discovery process the attorney will collect and look over evidence that could be used to prove a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team on the other side may also be able to request these documents from you and your attorney. This is typically done through interrogatories and requests for the production of documents. However, certain materials may be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.
You must also prove that your injury is the result of the negligence of the doctor. This is the most challenging aspect of a medical negligence case because it requires an expert witness testimony that supports your claim.
Your lawyer will also call witnesses who can prove the doctor's negligence. This could include assistants, nurses radiologists, dentists, and others who were involved in your care. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor's negligence was not their fault.
Most lawsuits are settled prior to trial. This is especially common for medical malpractice cases, since the cost of a trial can be extremely expensive. After the facts of your case are established, a settlement could be reached between you and the insurance company for the doctor. If a settlement cannot be reached your case will proceed to trial.
Trial
Your lawyer will file a formal complaint after having completed the initial investigation. If they conclude that you have a compelling case of malpractice, they will file it. The complaint will be clear in its allegations and be served on the defendant, along with a summons.
The next stage is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of standard of care. The objective is to prove that the error resulted of negligence on the part of the doctor and caused damage.
In addition to the witness's testimony, your medical
malpractice attorney will also work with two or more expert witnesses to back up your claim. They will be provided with medical records and specific information regarding your case, to prepare for their depositions and testimonies. They may also help in the preparation of your case for trial.
As part of the trial preparation your lawyer will start negotiations for settlement with the defense. The process can take many years. In this time, it is likely that you'll be recovering from your injuries and determining the size and amount of your losses. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and long-term recovery. If the settlement is fair your lawyer will advise you to accept it.
Damages
During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of arm, and the operation was flawless, but the patient lost an arm, then the medical professional could be held accountable for
malpractice attorneys.
In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able avoid financial loss or at least minimize the size. This is often referred to as the "but for test". It is also essential to prove that the plaintiff incurred costs in pursuing a successful legal claim, which are greater than the amount sought in compensation.
Our medical malpractice lawyers are able to explain the various forms of damages that could be suffered in a malpractice lawsuit including the past, present and future medical expenses, lost income,
malpractice attorney suffering as well as other non-economic losses. Generally, the more serious the injury, the more the award. However, a verdict that is deemed to be a success may be rescinded when appealed. So, settling out of court may be a viable option for some clients. It will save time and money in court costs, as well as avoid the potential risk of having a jury judge cases on the basis of emotion rather than fact.