How to File a Medical
malpractice attorneys Lawsuit
Medical malpractice suits are complex. There are certain guidelines to follow, for example the time frame within which the lawsuit can be filed.
The claimant also has to prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.
Complaint
Your attorney will file a court complaint and summons when he/she has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you have made against them.
The basis for malpractice claims is the notion that a doctor, nurse or other healthcare professional owes a patient a standard of care. This standard is defined as the amount of care and skill that a reasonably prudent medical professional with the same training would exhibit in similar situations. Your legal team needs to prove that your doctor violated this standard and caused injuries to which you sustained quantifiable damages.
It can be a challenge to prove that a physician's standards are the same as another doctor's. This is why it is important to work with a legal firm with access to expert witnesses who can testify about the medical field and what reasonable professionals in your situation would have done.
Not only physicians can make mistakes, but also hospital staff, including anesthesiologists and nurses. This is particularly true for emergency room personnel, where mistakes are frequently made due to a chaotic environment and overworked staff. Your lawyer could be able to obtain expert testimony from emergency room personnel who can explain the circumstances that led to the incident and how your doctor failed to meet this standard.
Discovery
During the discovery phase, your attorney will collect and examine evidence that could support a malpractice case. This includes medical records and witness statements, as also expert testimony. The other side's legal team can also have the chance to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain documents could be confidential or protected because of privacy laws like HIPAA and its Privacy Rule.
You must also prove your injury is due to the negligence of your doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony that proves your claim.
Your lawyer will also call witnesses who can prove the doctor's negligent actions. This could include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.
Most lawsuits are settled prior to trial. For medical malpractice cases this is particularly common since the cost of going to trial can be expensive. Once the facts of your case are established, a settlement could be negotiated between you and the doctor's insurance company. If a settlement cannot be reached the case will go to trial.
Trial
After your attorney has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant in the summons.
Discovery is the next step. The next step involves discovery. This includes the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor violated the standard of care. The aim is to prove that the error resulted from the negligence of the doctor that caused damages.
Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will receive medical records as well as detailed information about your case to prepare for their depositions and testimony. They can also assist in the preparation of your case for trial.
As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. The process continues throughout the case and may last for many years. In this time, you will be recovering from your injuries and determining the amount and value of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement is fair, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant contributed to these damages. If, for instance, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the surgery was perfect, but the patient lost a limb in the process, then the medical professional could be held liable for negligence.
In order to have a legitimate
legal action, the defendant must also show that a competent attorney could have been able prevent their financial loss or at a minimum, lessen the size. This is commonly referred as the "but for" test. It is also necessary to demonstrate that the plaintiff was liable for costs to pursue a legal claim that are over the amount sought for compensation.
Our medical malpractice lawyers are able to explain the different types of damages granted in a malpractice case that include past, current and future medical expenses, as also lost income or income, pain and discomfort and other non-economic loss. The more serious the injury, the greater the amount of compensation. A decision that is found to be a success could be rescinded by appeal. Settlements outside of court may be advantageous for some clients. It could save money and time on litigation costs. It also avoids the possibility of a jury deciding a case based on emotion rather than fact.