How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed with a specific time frame within which the suit may be filed.
In addition to proving negligence, the claimant must show that the doctor's actions resulted in losses and injuries. This will require hospital and medical records.
Complaint
Your attorney will file a court complaint and summons if he or she has found evidence of misconduct. The complaint names the defendants in the case and outlines the allegations you're making against them.
The basis for malpractice claims is the belief that a physician, nurse or other healthcare provider owes a patient a minimum standard of care. This is defined as the amount of skill and caution that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused you to suffer damage.
It can be difficult to prove that a physician's standards are the same as another doctor's. This is why it is crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what reasonable professionals in your doctor's situation would have done.
It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is especially applicable to emergency room staff where mistakes are frequently due to a crowded environment and overworked employees. Your attorney may be able to secure testimony from experts in the emergency department who can explain what could have been done and how the actions of your doctor did not meet the standards.
Discovery
During the discovery phase your lawyer will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony, and more. The information may also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged due to privacy laws like HIPAA and its Privacy Rule.
You must also prove your injury is the result of negligence by the doctor. This is the most difficult aspect of a medical
malpractice case since it requires expert testimony to back your claim.
Your lawyer will also depose any witnesses that can support 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 preparing strong and persuasive depositions to convince these witnesses to admit that the doctor was negligent.
Most lawsuits are resolved, or settled before they reach the trial stage. In cases involving medical malpractice this is particularly common as the costs of going to trial can be expensive. Once the facts are established you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't reached, your case could be heard in court.
Trial
When your lawyer has completed the initial investigation and determines you have an excellent 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 is discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidence to show that your doctor acted in violation of the standard of care. The aim is to prove that the error was the result of negligence by the doctor and resulted in damages.
Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. They will be provided with medical records and details regarding your case, to prepare for their deposition and testimony. They may also assist in preparing your case for trial.
As part of the preparation for trial your attorney will begin settlement negotiations with the defense. This process could last for many years. In this time, it is likely that you'll be recovering from your injuries and determining the extent and value of your damages. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and potential recovery. If the settlement offer seems reasonable, then your lawyer will encourage to accept it.
Damages
During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if a doctor did not inform the patient that the procedure was a 30 percent risk of losing a limb. If the procedure was completed perfectly but the patient lost their arm, the medical professional may be held accountable for negligence.
In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent lawyer could have been able stop their financial loss or at least minimize the amount. This is often referred to as the "but for test". It is also essential to prove that the plaintiff was liable for costs to pursue a legal claim that is in excess of the amount demanded as compensation.
Our medical malpractice attorneys can explain the different types of damages awarded in a malpractice case, including past, current and future medical expenses as well as lost income, pain and discomfort, and other economic or non-economic losses. The higher the award is, the more serious injury. However, a verdict that is deemed to be a success could be reversed on appeal. So, settling outside of court could be an advantageous option for certain clients. It will save time and money on court costs, as well as avoid the potential risk of having a jury decide cases on the basis of emotions instead of fact.