How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complicated. There are certain guidelines to be adhered to including a certain time period in which the suit can be filed.
The claimant must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.
Complaint
If your attorney's probe has uncovered evidence that malpractice occurred, he or she will file a lawsuit in court and issue a summons. The complaint names the defendants in your case, and clearly outlines the allegations that you are making against them.
Malpractice claims are based on the belief that a physician or healthcare provider owes the patient a minimum standard of care. This standard is defined as the level of skill and caution that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.
It can be a challenge to prove that a physician's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to testify about what a competent professional would have done.
It's not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is particularly true for emergency room staff, as errors are usually due to a chaotic environment and overworked staff. Your attorney might be able obtain evidence from experts in the emergency room who can help demonstrate what could have been done and how the actions of your doctor did not meet this standard.
Discovery
In the discovery phase, your attorney will collect and analyze evidence that could prove a malpractice case. This includes medical documents, witness statements, expert testimony and more. This information can also be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and private due to privacy laws, such as HIPAA's Privacy Rule.
You must also prove your injury was caused by the doctor's negligence. This is the most difficult component of a medical negligence claim because it requires an expert evidence to support your claim.
Your lawyer can also question witnesses who can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to conduct effective and strong depositions in order to get witnesses to acknowledge that the doctor's negligence was a factor.
Most lawsuits are settled, or settled before they reach the trial stage. This is particularly common in medical malpractice cases as the costs of a trial can be extremely expensive. Once the facts of your case are established, a settlement could be reached between you and the doctor's insurance company. If a settlement isn't feasible your case will go to trial.
Trial
Your lawyer will file a lawsuit after an initial investigation. If they conclude that you have a strong case for
malpractice law firm, then they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant in a summons.
Discovery is the next stage. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The goal is to prove that the error resulted of negligence on the part of the doctor and resulted in damages.
Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with one or two expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their deposition and testify. They may also aid in making your case ready for trial.
As part of the preparation for trial your lawyer will start settlement negotiations with the defense. The process can take many years. During this time, it is important that you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle the matter out of the court and avoid litigation as often as it is possible. Your lawyer will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement is fair, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs will have to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. If, for instance, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of a arm, and the operation was perfect, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.
In order to be able to file a valid
malpractice lawsuit, the person who is suing must prove that a competent lawyer would have been able to avoid financial loss or at least reduce the size. This is sometimes called the "but for test". It is also important to show that the plaintiff incurred costs in pursuing a successful legal claim, which is higher than the amount demanded in compensation.
Our medical malpractice lawyers (
Full Posting) are able to explain the various types of damages that could be attained in a malpractice case including past, present and foreseeable medical expenses as well as lost income, suffering as well as other non-economic losses. Generally, the more serious the injury, the greater the award. A successful verdict may be rescinded by appeal. Therefore, settling the case outside of court may be a good option for certain clients. It can save money and time on court costs. It also helps avoid the risk of a jury making a decision based on emotions rather than facts.