How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are a complex matter. There are certain guidelines to follow, such as a deadline within which the lawsuit may be filed.
The claimant must also prove that the doctor's actions caused injuries and losses. This will require medical and
malpractice lawsuits hospital documents.
Complaint
When your attorney's inquiry has uncovered evidence that malpractice has occurred, he or she will file a formal complaint in court along with a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations you're making against them.
Malpractice claims are founded on the premise that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This standard is the level of expertise and prudence reasonable doctors who has similar training would apply in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer damages.
It can be challenging to prove that a physician's standards are the same as another doctor's. This is why it's important to work with a legal firm that has access to expert witnesses who can testify on the medical field and what reasonable professionals in your doctor's situation would have done.
It's not just doctors who make mistakes, but so can hospital staff, including nurses and anesthesiologists. This is especially true for emergency room staff, whose errors are usually due to a hectic atmosphere and overworked workers. Your lawyer may be able to get testimony from experts in the emergency department who can help demonstrate the proper procedure and how your doctor's actions did not meet this standard.
Discovery
During the discovery stage during the discovery phase, your lawyer will gather and review evidence that may help in proving a malpractice case. This includes medical records, witness statements expert testimony, and more. 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 production of documents. However, certain documents may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.
It is also necessary to prove that your injury was the result of a negligent doctor. This is the most difficult aspect of a medical negligence case since it requires expert witness testimony that supports your claim.
Your lawyer will also depose witnesses who can prove that the doctor was negligent. This can include radiologists, dentists,
Malpractice lawsuits nurses, assistants and others who were involved in the care of your health. Your lawyer will be proficient in taking effective and convincing depositions that force these witnesses to admit that the doctor was negligent.
Most lawsuits are settled, or settled, prior to reaching the trial stage. This is especially true in medical malpractice cases as the costs involved in the trial process can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't feasible the case will go to trial.
Trial
When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant with the summons.
The next stage is discovery. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The objective is to prove that the error was a result of the doctor's negligence and caused damages.
Aside from the witness statement Your medical malpractice lawyer will collaborate with a couple of expert witnesses to support your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.
As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. The process continues throughout the trial, and can last for several years. During this period, you will be recovering from your injuries and determining the magnitude and value of your damages. If you can, it is beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement is reasonable the lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will need to show that their losses are significant and that the negligence of the defendant has contributed to these damages. For example, if the doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm, the medical professional may be held liable for malpractice.
In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent attorney could have helped reduce their financial loss, or at a minimum, lessen the amount. This is often referred to as the "but for test". It is also essential to prove that the plaintiff was liable for costs in pursuit of a successful legal claim that are more than the amount of compensation sought.
Our medical
malpractice law firm lawyers can explain the different types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses loss of income, pain and suffering and other economic and non-economic losses. The greater the amount of money awarded the more serious the injury. A successful verdict may be overturned through an appeal. Settlements outside of court could be beneficial to some clients. It will reduce time and cost in costs for litigation, as well as avoiding the risk of having a jury judge a case based on the basis of emotion instead of facts.