How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits (
www.chunwun.com) are complex. There are certain guidelines that must be met including a certain time period in which the suit can be filed.
In addition to proving negligence, the claimant must show that the doctor's actions led to injuries and losses. This will require hospital and medical documents.
Complaint
Your attorney will file a court complaint and summons after he has found evidence of
malpractice lawyer. The complaint will identify the defendants and state the allegations you have made against them.
Malpractice claims are based on the notion that a doctor or healthcare provider owes the patient a certain standard of care. This is defined as the level of competence and care 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 resulted in you suffering quantifiable injury.
The standard of care for a doctor is often a matter of opinion, and can be difficult to prove. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what an experienced professional in your doctor's situation would have done.
It's not just physicians who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true for emergency room staff, where mistakes are often made due to the crazed atmosphere and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency department who can help demonstrate the correct procedure and why your doctor's actions did not meet this standard.
Discovery
During the discovery process your lawyer will gather and review evidence that could prove a malpractice claim. This includes medical records, witness statements expert testimony and more. The information may be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. However, certain materials could be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.
You must also prove that your injury is the result of the doctor's negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.
Your lawyer will also interview witnesses who can prove the doctor was negligent. This includes radiologists, dentists nurses, assistants, and other people 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 settled, or settled, prior to reaching the trial stage. For medical malpractice cases 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 may be negotiated between you and the insurance company of the doctor. If a settlement isn't possible, your case will then proceed to trial.
Trial
Your attorney will file a complaint after conducting the initial investigation. If they decide that you have a compelling case of malpractice, they will file it. It will state clearly your allegations and will be served on the defendant, along with a summons.
Discovery is the next stage. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor did not follow the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damages.
Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records and detailed information about your case to prepare for their deposition and testimony. They may also help in preparing your case for trial.
Your attorney will start discussions on settlement with the defense team as part of the preparation for trial. The process continues throughout the trial, and may last for several years. During this time, you will be recovering from your injuries and determining the extent and value of your damages. It is in everyone's best interests to settle outside of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable your lawyer will convince you to accept it.
Damages
During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was perfect but the patient lost an arm, then the medical professional could be held responsible for negligence.
A victim can also prove that a competent lawyer could have prevented or reduced the financial loss. This is sometimes referred to the "but for test". In addition, it is required to prove that the plaintiff was liable for costs to pursue a legal claim which are over the amount sought as compensation.
Our medical malpractice lawyers are able to explain the different types of damages that can be suffered in a malpractice lawsuit including past, present and future medical expenses, lost income, pain and suffering and other economic and non-economic losses. Generally, the more serious the injury, the higher the award. However, a verdict that is deemed to be a success can sometimes be overturned on appeal. Therefore, settling out of court may be a beneficial option for some clients. It can save money as well as time in court costs. It also helps avoid the risk of having a jury ruling on a case based upon emotion rather than fact.