How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are a bit more complicated. There are specific guidelines that must be met with a specific time frame during which the suit can be filed.
In addition to showing negligence, the claimant must prove that the actions of the doctor led to injuries and losses. This will require medical and hospital documents.
Complaint
Your lawyer will submit a court complaint as well as summons once he or she has discovered evidence of malpractice. The complaint will identify the defendants, and then state the allegations you make against them.
The basis for malpractice claims is the notion that a doctor or healthcare professional owes a patient a standard of care. This standard is defined as the degree of competence and care that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team must to show that your doctor violated this standard, resulting in injuries from which you suffered quantifiable damages.
The standard of care a physician provides is often an issue of opinion, and is difficult to prove. This is why it's important to work with a legal firm with access to experts who can give testimony on the medical field and what reasonable professionals in your situation would have done.
Not only doctors can make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is particularly true for emergency room personnel, where mistakes are frequently made due to a hectic atmosphere and overworked workers. Your attorney may be able to get testimony from experts in the emergency room that can assist in proving the correct procedure and why your doctor's actions fell short of this standard.
Discovery
During the discovery phase your lawyer will collect and review evidence that could prove a
malpractice lawyers case. This includes medical records and witness statements as also expert testimony. The information may be requested by the opposing legal team. This is done by interrogatories or requests for documents. Certain materials could be protected and secret due to privacy laws, such as HIPAA's Privacy Rule.
It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult part of a medical negligence case, as it requires expert evidence to support your claim.
Your lawyer will also interview any witnesses that can support the doctor's negligence. This can include assistants, nurses radiologists, dentists, and others who were involved in your care. Your lawyer will know how to take powerful and effective depositions so that these witnesses admitting that the doctor's negligence.
The majority of lawsuits are settled before going to trial. This is especially true in medical malpractice cases because the costs involved in trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached your case will go to trial.
Trial
When your lawyer has completed the initial investigation and decides you have a strong malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be served on the defendant, along with a summons.
Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor violated the standard of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and resulted in damages.
In addition to the witness statement Your medical malpractice lawyer will also work with one or two expert witnesses to prove your claim. They will be provided with medical records and specific information regarding your case, to prepare for their depositions and testimonies. They may also help in preparing your case for trial.
Your attorney will start talks with the defense during the trial preparation. This process can last for many years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your injuries. It is in everyone's best interests to settle your case outside of court and avoid litigation whenever it is possible. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement is reasonable and fair, then your lawyer will advise you to accept it.
Damages
During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. For instance, if a doctor failed to inform the patient that a surgery had a 30% chance of losing a limb and the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.
In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent lawyer could have been able to reduce their financial loss, or at least reduce the amount. This is often referred to as the "but for test". In addition, it is necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim that is greater than the amount of compensation sought.
Our medical
malpractice lawyers are able to explain the various forms of damages sustained in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. In general, the more severe the injury, the more the award. However, a successful verdict can sometimes be overturned when appealed. Settlements outside of court can be advantageous for some clients. It can save money as well as time in court costs. It also avoids the possibility of a jury deciding a case based on emotion instead of fact.