How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, for example a deadline within which a lawsuit can be filed.
The plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.
Complaint
Your lawyer will prepare a court-appointed complaint and summons when he/she has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations that you are making against them.
Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a standard of care. This standard is defined as the amount of expertise and prudence that a reasonably prudent medical professional trained similarly would exhibit in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer damages.
The standard of care for a doctor is often a matter of opinion and can be difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to testify on what a reasonable doctor would have done.
Not only doctors can make mistakes, but so do hospital staff,
malpractice lawsuit including anesthesiologists and nurses. This is especially the case for emergency room personnel where mistakes are due to a crowded atmosphere and overworked personnel. Your attorney might be able obtain evidence from experts in the emergency room who can help demonstrate the proper procedure and why your doctor's actions fell short of this standard.
Discovery
During the discovery phase your lawyer will gather and examine evidence that may provide evidence to support a claim for
malpractice law firm. This could include medical records, witness statements, as well as expert testimony. The information may be requested by the legal team opposing the case. This is usually done through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privileged because of privacy laws like HIPAA and its Privacy Rule.
You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case as it requires an expert testimony to support your claim.
Your lawyer will also depose witnesses to prove that the doctor was negligent. This could include assistants, nurses, radiologists,
Malpractice Lawsuit dentists and others who were involved in your treatment. Your lawyer will know how to conduct powerful and convincing depositions to ensure that these witnesses accept that the doctor's negligence was a factor.
Most lawsuits are settled before they reach trial. In the case of medical malpractice this is particularly common as the costs of going to trial can be quite expensive. Once the facts are established, you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached the case will go to trial.
Trial
Once your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. The complaint will clearly state your claims and will be served to the defendant along with a summons.
The next stage is discovery. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove that the doctor acted in violation of the standard of care. The objective is to prove that the error was the result of negligence by the doctor and caused damages.
Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testify. They can also assist in making your case ready for trial.
Your lawyer will initiate negotiations with the defense team as part of the trial preparation. This process can last for many years. In this time, you will be recovering from your injuries and determining the size and amount of your injuries. If you can, it is the best option for everyone to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement is reasonable, then your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs have to prove that their losses are significant and that the negligence of the defendant has contributed to the damages. For example, if the doctor failed to inform the patient that the procedure was a 30 percent risk of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.
In order to be able to file a valid
malpractice lawsuit, the victim must also show that a competent attorney could have been able to avoid financial loss or at the very least, reduce the size. This is often referred to as the "but for" test. It is also necessary to show that the plaintiff has incurred costs in pursuit a successful legal claim, which is greater than the amount they seek in compensation.
Our medical malpractice lawyers can explain the various forms of damages that may be suffered in a malpractice lawsuit including past, present and future medical expenses loss of income, suffering and other economic and non-economic losses. The more serious the injury, the higher the award. However, a successful verdict could be reversed upon appeal. Settlements that are not in court may be beneficial for a few clients. It can save money and time in court costs. It also avoids the risk of a juror choosing a case based on emotions rather than facts.