How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are a complex matter. There are certain guidelines to be followed, which include a time limit within which a lawsuit can be filed.
The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
When your attorney's inquiry has found evidence that fraud was committed, he will file a complaint in court, along with a summons. The complaint names the defendants in your case and clearly states the allegations you're making against them.
Malpractice claims are based on the idea that a doctor or nurse or other healthcare professional owes a patient a standard of care. This standard is the level of competence and prudence that an appropriately prudent doctor with the same training would employ in similar situations. Your legal team must to prove that your doctor did not meet this standard and caused injuries to which you sustained damages quantifiable.
The standard of care a physician provides is usually a matter of opinion and is difficult to prove. This is why it is important to hire a law firm that has access to expert witnesses who can give testimony on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.
It's not just doctors who make mistakes, but so can hospital staff, including nurses and anesthesiologists. This is especially true for emergency room personnel, where mistakes are often made due to the crazed atmosphere and overworked workers. Your lawyer may be able to get testimony from experts in the emergency room who can help demonstrate the correct procedure and how the actions of your doctor were not up to the standard.
Discovery
In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could help in proving a malpractice case. This includes medical records and witness statements, as and expert testimony. This information can also be requested by the legal team opposing the case. This is typically done via interrogatories and requests for production of documents. However, certain materials may be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.
You must also prove your injury is the result of the negligence of your doctor. This is the most challenging aspect of a medical malpractice case since it requires expert witness testimony that proves your claim.
Your lawyer will also call witnesses who can prove the doctor was negligent. This can include radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.
Most lawsuits are settled before they reach trial. In the case of medical malpractice, this is especially common as the costs of 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 possible, your case will then proceed to trial.
Trial
After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant along with a summons.
The next stage is discovery. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The aim is to prove that the error resulted of the doctor's negligence and resulted in damages.
Apart from the witness's statement In addition to the witness statement, your medical malpractice attorney will also work with a couple of experts to support your claim. These experts will receive medical records and all the details about your case to prepare for their testimony and deposition. They may also help prepare your case for trial.
As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process could last for many years. During this time, you will be recovering from your injuries and determining the extent and value of your injuries. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully evaluate the advantages of a settlement offer against your current and long-term recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has caused these damages. For example, if the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of a limb, and the surgery was flawless, but the patient lost a limb and limb, then the medical professional could be held liable for malpractice.
A victim can also prove that a competent lawyer could have prevented or minimized their financial loss. 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 legal claim that is more than the amount sought for compensation.
Our medical malpractice lawyers can explain the various types of damages that could be sustained in a
malpractice lawsuit including past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. The greater the amount of money awarded the more serious the injury. However, a ruling that is successful is sometimes overturned on appeal. So, settling out of court may be a beneficial option for certain clients. It will help save time and money on court costs, as well as avoid the potential risk of having a jury judge an issue on the basis of emotions rather than facts.