How to File a Medical
Malpractice LawsuitMedical
malpractice lawsuits suits are complicated. There are specific guidelines that must be met including a certain time period within which the suit could 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 medical and hospital documents.
Complaint
If your attorney's probe has uncovered evidence that malpractice was committed, he will file a formal complaint in court, along with a summons. The complaint will identify the defendants and make the allegations you have made against them.
Malpractice claims are based on the notion that a doctor or healthcare provider is obligated to a patient a standard of treatment. This standard is defined as the level of competence and care that a reasonably prudent medical professional with similar training could exercise in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable harm.
A doctor's standard of care is often an issue of opinion and can be difficult to prove. This is why it is important to hire a law firm that has access to expert witnesses who can testify about the medical field and what a reasonable professional in your doctor's situation would have done.
It's not just doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is especially true of emergency room staff, as errors are usually due to a chaotic environment and overworked workers. Your attorney might be able obtain evidence from experts in the emergency department who can help demonstrate the proper procedure and how your doctor's actions did not meet this standard.
Discovery
During the discovery stage the attorney will gather and analyze evidence that could be used to support a malpractice claim. This includes medical records, witness statements as and expert testimony. These records can be requested by the opposing legal team. This is typically done via interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and secret due to privacy laws, such as HIPAA's Privacy Rule.
You must also prove that your injury was the result of a negligence of the doctor. This is the most difficult component of a case involving medical negligence since it requires expert testimony to support your claim.
Your lawyer will also call witnesses who can demonstrate the negligence of the doctor. This could include radiologists, dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your attorney will be skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was a factor.
Most lawsuits are settled prior to trial. For medical malpractice cases it is a common practice since the cost of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurer of the doctor. If a settlement cannot be reached, your case could be heard in court.
Trial
When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant along with a summons.
The next stage is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use the statements to prove that your doctor did not follow the standard of care. The goal is to prove that the error resulted from the negligence of the doctor that resulted in damages.
In addition to the witness's testimony Your medical
malpractice lawyer will also work with two or more expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case to prepare for their depositions and testimonies. They may also help in the preparation of your case for trial.
Your attorney will begin settlement discussions with the defense as part of the preparation for trial. The process can take many years. During this time, you will be recovering from your injuries while determining the magnitude and value of your losses. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the advantages of a settlement offer against your current and future recovery. If the settlement proposal is reasonable, then your lawyer will be able to convince you to accept it.
Damages
During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that a surgery had a 30% chance of losing a limb and the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.
A victim could also prove that a skilled lawyer could have prevented or mitigated their financial loss. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff was liable for costs in the pursuit of a legal claim which are more than the amount demanded as compensation.
Our medical malpractice lawyers can explain the different types of damages that can be suffered in a malpractice lawsuit including the past, present and future medical expenses loss of income, pain and suffering and other non-economic losses. Generally, the more serious the injury, the greater the amount of compensation. However, a ruling that is successful may be rescinded upon appeal. So, settling outside of court may be a good option for some clients. It will save time and money on costs for litigation, as well as avoiding the possibility of having a jury decide a case on the basis of emotions rather than fact.