How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a certain time period during which the suit can 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
Once your attorney's investigation has found evidence that fraud occurred, the attorney will file a complaint in court and issue a summons. The complaint will identify the defendants and state the allegations you have made against them.
Malpractice claims are based on the idea that doctors, nurses or other healthcare providers owe a patient the same level of care. This is the standard of competence and care an appropriately prudent doctor with similar training would use in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable harm.
The standard of care for a doctor is often a matter of opinion and is difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a competent professional would have done.
It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is particularly true for emergency room personnel, where errors are usually due to a chaotic environment and overworked workers. Your lawyer may be able to get testimony from experts in the emergency department who can help demonstrate what could have been done and how the actions of your doctor did not meet this standard.
Discovery
During the discovery phase the attorney will collect and look over evidence that might prove a malpractice claim. This could include medical records, witness statements, as also expert testimony. The other side's legal team will also have the option to request this information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be privileged or confidential because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove your injury is the result of the negligence of your doctor. This is the most challenging aspect of a medical malpractice case since it requires expert witness testimony that supports your claim.
Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This could include radiologists dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your attorney will know how to take effective and strong depositions to ensure that these witnesses acknowledge that the doctor was negligent.
The majority of lawsuits are settled before they go to trial. In cases involving medical malpractice this is particularly common as the costs of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company that covers the doctor. If a settlement is not agreed upon, your case will proceed to trial.
Trial
When your lawyer has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant along with the summons.
The next step is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these statements to establish the doctor's breach of standard of care. The objective is to establish that the error was a result from the negligence of the doctor that caused damages.
In addition to the witness's testimony, your medical malpractice attorney will also work with two or
Malpractice lawsuits more experts to support your claim. These experts will receive medical records and details regarding your case to prepare for their deposition and testify. They can also assist in preparing your case for trial.
Your lawyer will initiate negotiations with the defense team as part of the trial preparation. This process is ongoing throughout the course of the trial and can sometimes last for many years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. It is in everyone's best interests to settle the matter out of court and avoid litigation whenever possible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement offer seems reasonable then your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant caused these damages. For instance, if the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of arm, and the operation was flawless, but the patient lost a limb in the process, then the medical professional could be held accountable for malpractice.
A victim can also prove that a competent lawyer could have prevented or reduced their financial loss. This is commonly referred to as the "but for" test. It is also essential to prove that the plaintiff was liable for costs to pursue a successful legal claim that is greater than the amount sought as compensation.
Our medical
malpractice lawyer lawyers can explain the various forms of damages that may be attained in a malpractice case including past, present and foreseeable medical expenses loss of income, suffering and other non-economic losses. The higher the award the more serious the injury. A verdict that is successful could be rescinded by appeal. Settlements outside of court can be advantageous for some clients. It can help save time and money on litigation costs, aswell as avoiding the possibility of having a jury judge an issue on the basis of emotions rather than facts.