How to File a Medical
malpractice lawyers Lawsuit
Medical malpractice lawsuits are a complex matter. There are specific rules that must be followed including a certain time period within which the suit could be filed.
The claimant must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
Your attorney will prepare a court-appointed complaint and summons after he has found evidence of malpractice. The complaint will identify the defendants, and then state the allegations you bring against them.
Malpractice claims are based on the notion that doctors, nurses or other healthcare providers owe a patient the same level of care. This standard is defined as the degree of expertise and prudence that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable harm.
It isn't easy to prove that a doctor's standards are comparable to another doctor's. It is essential to find an attorney who has access to experts in the medical field to provide proof of what a reasonable doctor would have done.
Not only doctors can make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is particularly true of emergency room staff, as mistakes are frequently made due to a crowded environment and overworked workers. Your lawyer could be in a position to secure an expert witness from the emergency room staff who can explain the circumstances that led to the incident and why your doctor was unable to meet the standard.
Discovery
During the discovery process, your attorney will collect and analyze evidence that could support a malpractice case. This includes medical documents, witness statements, expert testimony, and more. The legal team on the other side will also have the option to request this information from you and your attorney. This is typically done via interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and private due to privacy laws, like HIPAA's Privacy Rule.
You must also prove your injury is the result of negligence by the doctor. This is the most difficult element of a medical malpractice case since it requires expert evidence to support your claim.
Your lawyer can also question witnesses who can prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer will be proficient in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor's negligence was not their fault.
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 then you can negotiate an agreement with the insurance company that covers the doctor. If a settlement is not reached, the case may proceed to trial.
Trial
Your attorney will file a complaint following an initial investigation. If they determine that you have a strong case of malpractice, they will file it. The complaint will clearly state your allegations and must be served on the defendant, along with a summons.
Discovery is the next phase. This includes 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 aim is to demonstrate that the error was the result of the negligence of your doctor, and resulted in damages.
Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimony. They may also help prepare your case for trial.
As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process is ongoing throughout the course of the trial and can take up to many years. During this time, you will be recovering from your injuries and determining the magnitude and value of your damages. It's in everyone's best interest to settle outside of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully consider the merits of any settlement with your current and future recovery. If the settlement offer seems reasonable then your attorney will convince you to accept it.
Damages
During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor failed to inform the patient that the procedure was associated with a 30 percent chance of losing a limb, and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.
A victim may also demonstrate that a competent lawyer could have prevented or reduced their financial loss. This is sometimes called the "but for test". It is also essential to prove that the plaintiff incurred costs to pursue a successful legal claim that is greater than the amount demanded as compensation.
Our medical malpractice
lawyers can explain the various types of damages that can be sustained in a
malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The more money you are awarded is, the more serious injury. A verdict that is successful could be overturned through an appeal. So, settling outside of court can be a viable alternative for some clients. It can reduce time and cost in costs for litigation, as well as avoiding the possibility of having a jury decide an issue on the basis of emotions rather than facts.