How to File a Medical
Malpractice LawsuitMedical malpractice suits are complex. There are specific guidelines to be adhered to including a time limit in which the suit can be filed.
In addition to showing negligence, the claimant must prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.
Complaint
Your attorney will make a court complaint and
malpractice lawyers summons if he or she has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you make against them.
Malpractice claims are founded on the notion that nurses, doctors, or other healthcare professionals owe patients a certain standard of care. This standard is the level of competence and prudence that a reasonably prudent doctor with the same training would employ in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable damages.
It isn't easy to prove that a doctor's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the medical field to provide proof of what a competent professional would have done.
It's not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists can be liable for malpractice. This is especially true of emergency room staff, where mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be able to get testimony from experts in the emergency department who can provide evidence of what could have been done and why your doctor's actions were not up to the standard.
Discovery
During the discovery process, your attorney will gather and look over evidence that could be used to prove a malpractice claim. This includes medical records and witness statements as and expert testimony. The legal team on the other side may also be able to request this information from you and your attorney. This is typically done through interrogatories and requests for the production of documents. Certain materials may be privileged and secret due to privacy laws, such as HIPAA's Privacy Rule.
You must also prove that your injury is the result of the negligence of the doctor. This is the most difficult part of a medical malpractice case as it requires an expert testimony to support your claim.
Your lawyer will also interview any witnesses that can support the doctor's negligence. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your lawyer is skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled before they reach trial. In the case of medical malpractice, this is especially common since the cost of going to trial can be expensive. After the facts of your case have been established, a settlement can be negotiated between you and the insurer of your doctor. If a settlement cannot be reached your case will go to trial.
Trial
After your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be served to the defendant along with a summons.
The next phase is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use the statements to prove that the doctor did not follow the standard of care. The goal is to show that the error was caused by the doctor's negligence, and caused damages.
Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or three expert witnesses to support your claim. These experts will be given medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in making your case ready for trial.
Your attorney will start negotiations with the defense as part of the preparation for trial. This process is ongoing throughout the course of the trial and can take up to years. During this time, you are recovering from your injuries and determining the magnitude of your damages. It is in everyone's best interests to settle out of court whenever possible. Your attorney will carefully assess the merits of any settlement with your current and potential recovery. If the settlement is fair the lawyer will advise you to accept it.
Damages
During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient that a surgical procedure had a 30% chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be liable for malpractice.
A victim can also prove that a skilled lawyer could have prevented or reduced their financial loss. This is often referred to as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a successful legal claim which are greater 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 future medical expenses, lost income, pain and suffering and other economic and non-economic losses. The more serious the injury, the more the amount of compensation. However, a decision that is successful can sometimes be overturned upon appeal. Settlements that are not in court may be beneficial for a few clients. It can save money and time on litigation costs. It also avoids the possibility of a jury deciding a case based on emotion rather than fact.