How to File a Medical
malpractice law firm Lawsuit
Medical
malpractice lawsuits can be very complicated. There are certain rules that must be followed with a specific time frame within which the suit could be filed.
The claimant also has to prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.
Complaint
Once your attorney's investigation has revealed evidence that a
malpractice lawsuits occurred, he or she will file a complaint in court and issue summons. The complaint will identify the defendants and make the allegations you bring against them.
Malpractice claims are based on the idea that doctors, nurses or other healthcare providers owe a patient an appropriate level of care. This is defined as the amount of skill and caution that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable harm.
It can be a challenge to prove that a physician's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to testify about what a professional of reasonable standards would have done.
Not only physicians can make mistakes, but also hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room staff, where mistakes are often attributed to a crowded environment and overworked staff. Your lawyer could be able to get an expert opinion from the emergency room personnel who can demonstrate what could have been done differently and why your doctor was unable to fulfill this standard.
Discovery
During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The information could be requested by the opposing legal team. This can be done via interrogatories or requests for documents. Certain materials could be protected and confidential because of privacy laws, for instance HIPAA's Privacy Rule.
You must also prove that your injury is the result of the negligence of your doctor. This is the most difficult aspect of a medical negligence case, as it requires expert evidence to support your claim.
Your lawyer will also interview witnesses who can prove the doctor's negligent actions. This includes radiologists, dentists nurses, assistants, and other personnel who were involved in the treatment of your health. Your attorney will know how to take powerful and effective depositions to ensure that witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled prior to trial. In cases involving medical malpractice it is a common practice because the cost of going to trial can be quite expensive. After the facts of your case are established, a settlement can be discussed between you and your insurance company for the doctor. If a settlement isn't agreed upon, your case will proceed to trial.
Trial
Your attorney will file a complaint after conducting the initial investigation. If they find that you have a solid 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.
The next stage is discovery. This includes the exchange of medical records as well as depositions from witnesses. The lawyer will use the statements to prove that the doctor did not follow the standard of care. The aim is to prove that the error was a result of the doctor's negligence and resulted in damages.
Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. They will be provided with medical records and detailed information regarding your case to prepare for their deposition and testify. They may also aid in making your case ready for trial.
Your lawyer will begin negotiations with the defense as part of the trial preparation. This process continues throughout the case and can sometimes last for years. During this time, you are recovering from your injuries and determining the magnitude of your damages. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future settlement. If the settlement seems reasonable your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs will need to show that their losses are significant and that negligence on the part of the defendant contributed to these damages. If, for instance, the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the surgery was successful, but the patient lost a limb in the process, then the medical professional could be held liable for negligence.
To have a viable malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able stop their financial loss or at a minimum, lessen the amount. This is sometimes called the "but for test". It is also essential to prove that the plaintiff has incurred expenses in pursuit a successful legal claim that is greater than the amount sought in compensation.
Our medical malpractice attorneys can provide an explanation of the different types of damages awarded in a malpractice case which include past, present and future medical expenses, as well as lost income as well as pain and discomfort and other economic or non-economic losses. In general, the more severe the injury, the greater the award. However, a decision that is successful could be reversed in appeal. Settlements outside of court could be beneficial to some clients. It will save time and money on litigation fees, as well as avoiding the risk of having a jury judge an issue on the basis of emotion instead of facts.