How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complex. There are specific guidelines that must be met including a certain time period in which the suit can be filed.
In addition to proving negligence, the person seeking compensation must also prove that the actions of the doctor resulted in injuries and losses. This will require hospital and medical records.
Complaint
Once your attorney's investigation has found evidence that fraud has occurred, he or she will file a formal complaint in court, along with summons. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.
The basis for malpractice claims is the notion that a doctor or nurse or other healthcare professional owes a patient a certain standard of care. This is the level of competence and prudence that a reasonably prudent doctor with similar training would use in similar circumstances. Your legal team has to show that your doctor breached this standard that resulted in injuries due to which you have suffered damages that are quantifiable.
The standard of care a physician provides is usually a matter of opinion and is often difficult to prove. This is why it is important to hire a law firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.
It's not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is particularly true of emergency room staff, as mistakes are frequently made due to the crazed atmosphere and overworked workers. Your lawyer could be in a position to get an expert opinion from the emergency room personnel who can provide evidence of what should have happened and the reason why your doctor failed to meet this standard.
Discovery
During the discovery phase during the discovery phase, your attorney will collect and examine evidence that may provide evidence to support a claim for malpractice. This includes medical records, witness statements, as in addition to expert testimony. The other side's legal team may also be able to request these documents from you and your attorney. This is typically done via interrogatories and requests for the production of documents. However, certain materials may be classified as confidential or privy because of privacy laws like HIPAA and its Privacy Rule.
It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most challenging aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.
Your lawyer can also question witnesses who can prove the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.
Most lawsuits are settled before they go to trial. For medical malpractice cases this is the most common due to the fact that going to trial can be expensive. Once the facts are established you can negotiate a settlement with the doctor's insurer. If a settlement isn't attainable the case will go to trial.
Trial
Once your attorney has completed the initial investigation and concludes that you have a strong
malpractice lawsuits case they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant with the summons.
The next stage is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the statements to prove that the doctor violated the standard of care. The goal is to establish that the error was caused by the negligence of your doctor, and caused damage.
In addition to the witness's testimony Your medical
malpractice lawyer will work with one or two expert witnesses to support your claim. They will be provided with medical records and detailed information about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.
Your attorney will begin negotiations with the defense during the preparation for trial. The process can take many years. In this time, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's best interest to settle the matter out of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement offer against your current and long-term recovery. If the settlement is reasonable the lawyer will advise you to accept it.
Damages
During the process of discovery plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of a arm, and the operation was successful, but the patient lost an arm, then the medical professional may be held accountable for negligence.
A victim could also prove that a skilled lawyer could have prevented or minimized their financial loss. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff's expenses in pursuit of a successful legal claim which are over the amount sought as compensation.
Our medical malpractice lawyers can explain the various forms of damages suffered in a malpractice lawsuit including past, present and future medical expenses, lost income, pain and suffering as well as other non-economic losses. The more money you are awarded, the more serious injury. However, a successful verdict is sometimes overturned on appeal. So, settling out of court could be a beneficial option for some clients. It can save time and money in costs for litigation, as well as avoiding the possibility of having a jury decide a case based on the basis of emotion rather than facts.