How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits can be a little complicated. There are certain guidelines that must be met including a specified time period within which the suit could be filed.
The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.
Complaint
When your attorney's inquiry has uncovered evidence that malpractice occurred, he or she will file a complaint with the court along with a summons. The complaint will identify the defendants and state the allegations against them.
Malpractice claims are based on the idea that nurses, doctors, or other healthcare providers are obligated to a patient the same level of care. This standard is defined as the level of skill and caution that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team must to prove that your doctor did not meet this standard which resulted in injuries from which you sustained quantifiable damages.
The standard of care for a doctor is often a matter of opinion, and it can be difficult to prove. This is why it's crucial to choose a law firm that has access to experts who can give testimony on the medical field and what a reasonable professional in your situation would have done.
It's not just doctors who make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true of emergency room staff, as mistakes are often attributed to a chaotic environment and overworked staff. Your lawyer may be able obtain evidence from experts in the emergency room who can provide evidence of the correct procedure and how your doctor's actions were not up to the standard.
Discovery
In the discovery phase your lawyer will collect and examine evidence that could help in proving a malpractice case. This includes medical records, witness statements, as well as expert testimony. The legal team representing the other side can also have the chance to request these documents from you and your attorney. This is usually done through interrogatories and requests for the production of documents. Certain documents could be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.
You must also prove that your injury was the result of a medical professional's negligence. 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 depose any witnesses that can prove the negligence of the doctor. This includes radiologists, dentists nurses, assistants, and other personnel who were involved in the treatment of your health. Your attorney will be skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.
Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is particularly true in medical malpractice cases since the costs associated with a trial can be very expensive. Once the facts are established, you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached, your case may go to trial.
Trial
Once your attorney has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant in a summons.
The next step is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. The lawyer will use the statements to prove that your doctor did not follow the standard of care. The goal is to prove that the error was a result of negligence on the part of the doctor and resulted in damages.
In addition to the witness's testimony Your medical malpractice lawyer will work with two or more experts to support your claim. These experts will receive medical records and specific information regarding your case, to prepare for their depositions and testimonies. They may also help prepare your case for trial.
Your lawyer will initiate settlement discussions with the defense as part of the preparation for trial. This process continues throughout the course of the trial and can last for many years. During this period, you will be recovering from your injuries and determining the amount and value of your damages. When you can, it's in everyone's best interest to avoid litigation and
malpractice lawyers settle outside of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future settlement. If the settlement offers are reasonable your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs be required to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the procedure was successful, but the patient lost an arm and limb, then the medical professional could be held responsible for negligence.
A victim could also prove that a skilled lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. In addition, it is required to prove that the plaintiff has incurred expenses in pursuit of a successful legal claim which are more than the amount sought as compensation.
Our medical
malpractice lawyers are able to explain the various types of damages that can be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. The more money you are awarded is, the more serious injury. A successful verdict may be overturned by an appeal. Settlements outside of court may be beneficial for a few clients. It will save money and time on court costs. It also eliminates the risk of having a jury deciding a case based on emotion rather than fact.