How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be a little complicated. There are certain guidelines to be followed with a specific time frame within which the suit could be filed.
The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.
Complaint
Once your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.
malpractice lawyer claims are founded on the premise that nurses, doctors and other healthcare providers owe a patient a certain standard of care. This is the amount of competence and prudence that the reasonably prudent doctor with the same training would employ in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable injury.
The standard of care for a doctor is usually a matter of opinion, and it can be difficult to prove. This is why it's important to hire a law firm that has access to experts who can give testimony on the medical field and what reasonable professionals in the same situation as your doctor would have done.
Not only physicians can make mistakes, but also hospital personnel, like anesthesiologists and nurses. This is particularly the case for emergency room personnel where mistakes are usually caused by a hectic environment and overworked employees. Your lawyer may be able obtain evidence from experts in the emergency department who can explain what could have been done and how your doctor's actions were not up to the standard.
Discovery
During the discovery process your lawyer will gather and look over evidence that could be used to be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The legal team of the other side may also be able to obtain this information from you and your attorney. This usually happens through interrogatories as well as requests for production of documents. Certain materials may be privileged and confidential because of privacy laws, such as HIPAA's Privacy Rule.
You must also prove that your injury was the result of a negligent doctor. This is the most difficult aspect of a medical malpractice case as it requires an expert evidence to support your claim.
Your lawyer will also interview any witnesses that can support the negligence of the doctor. This could include radiologists dentists, nurses, assistants as well as other individuals who were involved in the care of your health. Your attorney will know how to take effective and powerful depositions so that witnesses to acknowledge that the doctor was negligent.
Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is especially true for medical malpractice cases, since the costs of a trial can be very expensive. Once the facts are established and you have a chance to negotiate a settlement with the doctor's insurer. If a settlement is not agreed upon, your case will proceed to trial.
Trial
Your attorney will file a complaint following conducting the initial investigation. If they determine that you have a strong case for malpractice, they will file it. The complaint will clearly state your allegations and be served to the defendant along with a summons.
The next phase is discovery. This involves the exchange of medical records as well as depositions of witnesses. The lawyer will use the statements to prove that your doctor violated the standard of care. The objective is to establish that the error was the result of negligence by the doctor and resulted in damages.
Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their testimony and deposition. They may also aid in the preparation of your case for trial.
As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. The process continues throughout the trial, and can last for years. In this time, you are recovering from your injuries and determining how much of your damages. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement offer seems reasonable then your lawyer will encourage to accept it.
Damages
During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant has contributed to these damages. For instance, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of leg, and the procedure was perfect but the patient lost a limb and limb, then the medical professional could be held liable for
malpractice lawyer.
In order to have a legitimate malpractice suit, the plaintiff must also prove that a competent attorney could have been able to prevent their financial loss or at a minimum, lessen the amount. This is sometimes referred to as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim that is more than the amount sought as compensation.
Our medical
malpractice lawyers can explain the various types of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The higher the amount is, the more serious injury. A ruling that is deemed to be successful can be rescinded by appeal. Settlements that are not in court may be beneficial for certain clients. It could save money and time on court costs. It also reduces the risk of a jury ruling on a case based upon emotion instead of fact.