How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are a bit more complicated. There are specific guidelines that must be met with a specific time frame within which the suit could be filed.
In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor resulted in injuries and losses. This will require hospital and
Malpractice Lawyers medical documents.
Complaint
After your attorney's investigation has found evidence that fraud 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're making against them.
Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a standard of treatment. This is the standard of competence and care a reasonably prudent doctor with the same training would employ in similar situations. Your legal team will have to prove that your doctor violated this standard that resulted in injuries due to which you have suffered damages that are quantifiable.
The standard of care a physician provides is often an issue of opinion, and it is difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.
It's not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also can commit malpractice. This is particularly the case for emergency room personnel where mistakes are often made due to a busy environment and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency room who can provide evidence of what could have been done and why your doctor's actions fell short of this standard.
Discovery
During the discovery process the attorney will gather and review evidence that could help in proving a malpractice case. This could include medical records, witness statements as well as expert testimony. The information could also be requested by the legal team opposing the case. This is usually done through interrogatories as well as requests for production of documents. However, certain materials could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.
You must also prove your injury is the result of the doctor's negligence. This is the most difficult component of a medical negligence case since it requires expert testimony to support your claim.
Your lawyer will also interview any witnesses that can support the negligence of the doctor. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will know how to take effective and strong depositions to make these witnesses accept that the doctor was negligent.
Most lawsuits are settled, or settled before they reach the trial stage. In the case of medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't feasible your case will 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. This will clearly outline the allegations and will be given to the defendant in a summons.
Discovery is the next stage. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The aim is to prove that the error was a result of the doctor's negligence and caused damage.
Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. These experts will be provided medical records and all the details about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.
As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process continues throughout the trial, and can last for years. During this time, you are recovering from your injuries and determining the extent of your injuries. When you can, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement offer is reasonable the lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to the damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of arm, and
malpractice Lawyers the operation was flawless, but the patient lost an arm and limb, then the medical professional may be held accountable for negligence.
To be able to bring a valid
malpractice attorneys lawsuit, the person who is suing must also show that a competent lawyer could have been able to prevent their financial loss or at least minimize its size. This is sometimes referred to as the "but for" test. It is also essential to prove that the plaintiff has incurred costs in pursuit a successful legal claim, that is more than the amount sought in compensation.
Our medical
malpractice lawyers are able to explain the various types of damages that could be attained in a malpractice case including the past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. The higher the amount the more serious the damage. A verdict that is successful could be overturned by an appeal. Settlements outside of court could be advantageous for some clients. It can save time and money in court costs, as well as avoid the potential risk of having a jury decide a case based on the basis of emotions rather than facts.