How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complex. There are specific guidelines to be adhered to including a specified time period within which the suit could be filed.
In addition to proving negligence, the person seeking compensation must show that the doctor's actions resulted in losses and injuries. This will require hospital and medical records.
Complaint
When your attorney's inquiry has found evidence that fraud was committed, he will file a formal complaint in court along with a summons. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.
The basis for
malpractice attorneys claims is the belief that a physician or healthcare professional owes a patient a minimum standard of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional who has similar training would exhibit in similar situations. Your legal team has to show that your doctor did not meet this standard which resulted in injuries from which you suffered quantifiable damages.
A physician's standard of care is often an issue of opinion, and it is difficult to prove. This is why it's important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what reasonable professionals in your doctor's position would have done.
It's not just doctors who make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is particularly applicable to emergency room staff where mistakes are often caused by a busy atmosphere and overworked workers. Your attorney might be able to get testimony from experts in the emergency room who can provide evidence of the proper procedure and how your doctor's actions did not meet the standards.
Discovery
During the discovery process your lawyer will collect and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements,
Malpractice Lawyers expert testimony and
malpractice lawyers more. These records can be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential because of privacy laws, for instance HIPAA's Privacy Rule.
It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most challenging aspect of a medical negligence case since it requires expert witness testimony that supports your claim.
Your lawyer will also interview witnesses who can prove that the doctor was negligent. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will know how to conduct powerful and effective depositions to make witnesses to admitting that the doctor was negligent.
The majority of lawsuits are settled before they go to trial. For medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. After the facts of your case are established, a settlement could be reached between you and the insurer of your doctor. If a settlement cannot be agreed upon, your case will go to trial.
Trial
Your attorney will file a complaint following completing the initial investigation. If they find that you have a compelling case for malpractice, then they will file it. This will clearly outline the allegations and must be delivered to the defendant in a summons.
Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The aim is to demonstrate that the error was the result of the negligence of your doctor, and caused damages.
In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will work with a couple of experts to support your claim. They will be provided with medical records and all the details about your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.
As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process could last for several years. During this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's interest to settle the matter out of court and avoid litigation whenever possible. Your attorney will carefully assess the merits of any settlement offer against your current and potential recovery. If the settlement is reasonable your lawyer will convince you to accept it.
Damages
During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in those damages. For instance, if a doctor did not inform the patient that the surgery had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.
In order to be able to file a valid
malpractice lawsuit, the victim must also prove that a competent lawyer could have been able prevent their financial loss or at least minimize its size. It is sometimes referred to the "but for test". It is also important to show that the plaintiff incurred costs in pursuit of a successful legal claim that are in excess of the amount demanded as compensation.
Our medical
malpractice lawyers are able to provide a detailed explanation of the various types of damages that may be attained in a malpractice case including past, present and foreseeable medical expenses loss of income, pain and suffering and other non-economic losses. The higher the amount the more serious the injury. A successful verdict may be overturned by an appeal. So, settling outside of court may be an advantageous alternative for some clients. It will help save time and money on litigation fees, as well as avoiding the risk of having a jury decide a case based on the basis of emotion rather than facts.