How to File a Medical
malpractice law firm Lawsuit
Medical malpractice lawsuits can be a little complicated. There are specific rules that must be followed including a specified time period in which the suit can be filed.
The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.
Complaint
If your attorney's probe has discovered evidence of malpractice has occurred, he or she will file a complaint with the court along with a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations you are making against them.
Malpractice claims are based on the belief that a physician or nurse or other healthcare professional owes a patient a minimum standard of care. This is the amount of expertise and prudence reasonable doctors with similar training would use in similar circumstances. Your legal team will have to prove that your doctor violated this standard which resulted in injuries from which you sustained damages quantifiable.
The standard of care a physician provides is usually a matter of opinion and is difficult to prove. This is why it is important to hire a law firm with access to experts who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.
It is not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is especially true for emergency room staff, where mistakes are often attributed to a hectic atmosphere and overworked workers. Your lawyer may be in a position to obtain an expert opinion from the emergency room personnel who can provide evidence of what should have happened and how your doctor failed to meet this standard.
Discovery
During the discovery phase your lawyer will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. This information can also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. However, certain materials could be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove that your injury was caused by the negligent doctor. This is the most difficult element of a medical malpractice case, as it requires expert testimony to back your claim.
Your lawyer will also interview any witnesses that can prove the doctor's negligence. This could include radiologists, dentists, nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will know how to conduct effective and powerful depositions to ensure that witnesses to admit that the doctor was negligent.
The majority of lawsuits are resolved or settled before they reach the trial stage. This is particularly common for medical malpractice cases, since the costs associated with a trial can be very expensive. Once the facts of your case have been established, a settlement may be discussed between you and your insurer of your doctor. If no settlement can be reached, your case could go to trial.
Trial
Your lawyer will file a formal complaint after conducting the initial investigation. If they find that you have a solid case of malpractice, they will file it. The complaint will be clear in its allegations and must be handed to the defendant with the summons.
Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the statements to prove that the doctor did not follow the standard of care. The objective is to establish that the error was a result of negligence on the part of the doctor and caused damage.
Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will be provided medical records and all the details about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.
Your lawyer will initiate negotiations with the defense team as part of the preparation for trial. This process continues throughout the trial and can last for several years. During this period, you'll be recovering from your injuries while determining the amount and value of your losses. It is in everyone's best interests to settle outside of the courtroom and avoid litigation whenever feasible. Your lawyer will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement is fair 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 caused these damages. If, for example, the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of arm,
Malpractice lawyers and the operation was successful, but the patient lost an arm or limb, the doctor could be held accountable for malpractice.
A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for test". It is also necessary to demonstrate that the plaintiff was liable for costs in pursuit of a successful legal claim that is in excess of the amount of compensation sought.
Our medical
malpractice lawyers are able to explain the different types of damages sustained in a malpractice lawsuit including future, present and past medical expenses loss of income, pain and suffering and other non-economic losses. The more money you are awarded the more serious the damage. However, a successful verdict may be rescinded in appeal. Therefore, settling out of court may be an advantageous option for a few clients. It will help save time and money on court costs, as well as avoiding the risk of having a jury judge a case on the basis of emotion rather than fact.