How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are a complex matter. There are certain guidelines that must be met including a specified time period during which the suit can be filed.
The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.
Complaint
After your attorney's investigation has discovered evidence of
malpractice lawyer was committed, he 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 idea that a doctor or nurse or any other healthcare provider is obligated to a patient a certain standard of care. This is defined as the degree of competence and care that a reasonably prudent medical professional with similar training could exercise in similar situations. Your legal team has to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.
A doctor's standard of care is usually a matter of opinion, and is difficult to prove. This is why it's important to work with a legal firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.
Not only doctors can make mistakes, but also hospital personnel, like nurses and anesthesiologists. This is particularly true of emergency room staff, as mistakes are frequently made due to a crowded environment and overworked staff. Your attorney may be able to secure testimony from experts in the emergency department who can provide evidence of the correct procedure and how your doctor's actions fell short of this standard.
Discovery
During the discovery process, your attorney will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements as also expert testimony. The legal team of the other side will also have the option to request this information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.
You must also prove your injury was the result of a medical professional's negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that supports your claim.
Your lawyer will also depose any witnesses that can support the negligence of the doctor. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct effective and strong depositions to ensure that witnesses to acknowledge that the doctor was negligent.
Most lawsuits are settled prior to trial. This is especially true in medical malpractice cases since the costs involved in a trial can be extremely high. Once the facts of your case are established, a settlement can be negotiated between you and the insurance company of the doctor. If no settlement can be reached, the case may be heard in court.
Trial
After your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant along with a summons.
The next step is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The goal is to establish that the error was caused by the negligence of your doctor, and caused damage.
Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their testimony and deposition. They may also assist in preparing your case for trial.
As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. The process continues throughout the case and can sometimes last for several years. In this time, you are recovering from your injuries and determining how much of your losses. If you can, it is beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement seems reasonable the lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will have to prove that their losses are substantial and that negligence on the part of the defendant has caused these damages. For example, if the doctor failed to inform the patient that a surgery 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 could also prove that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also essential to prove that the plaintiff has incurred expenses to pursue a successful legal claim which are in excess of the amount sought for compensation.
Our medical malpractice lawyers are able to provide an explanation of the different types of damages awarded in a malpractice case which include past, present and future medical expenses as well as lost income or income, pain and discomfort and other economic or non-economic loss. The more serious the injury, the greater the award. A verdict that is successful could be overturned through an appeal. So, settling outside of court may be a beneficial alternative for some clients. It will save time and money on litigation fees, as well being able to avoid the potential risk of having a jury judge cases on the basis of emotions rather than facts.