How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are a complex matter. There are certain guidelines that must be met with a specific time frame within which the suit could be filed.
The claimant must also demonstrate that the doctor's actions led to injuries and losses. This will require hospital and medical records.
Complaint
If your attorney's probe has discovered evidence of malpractice was committed, he will file a complaint with the court along with summons. The complaint will identify the defendants and state the allegations you have made against them.
The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare provider is obligated to a patient a standard of care. This is the standard of competence and prudence that an appropriately prudent doctor with similar training would use in similar circumstances. Your legal team must to show that your doctor did not meet this standard, resulting in injuries from which you sustained damages quantifiable.
It can be a challenge to prove that a doctor's standards are the same as another doctor's. This is why it's important to hire a law firm that has access to experts who can testify about the medical field and what an experienced professional in the same situation as your doctor would have done.
It's not just physicians who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly relevant to emergency room personnel where mistakes are frequently caused by a busy environment and overworked staff. Your attorney may be in a position to secure an expert opinion from the emergency room personnel who can show the circumstances that led to the incident and why your doctor was unable to fulfill this standard.
Discovery
During the discovery process, your attorney will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical records, witness statements, as and expert testimony. The legal team of the other side may also be able to request these documents from you and your attorney. This is usually done through interrogatories and requests for production of documents. However, certain materials could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.
It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult element of a medical negligence claim since it requires expert testimony to back your claim.
Your lawyer will also depose witnesses who can prove the negligence of the doctor. This could include radiologists, dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor's negligence was not their fault.
The majority of lawsuits are settled before going to trial. This is particularly true in medical malpractice cases since the costs involved in a trial can be extremely expensive. After the facts of your case are established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement cannot be reached the case will proceed to trial.
Trial
After your attorney 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 served to the defendant with a summons.
The next phase is discovery. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these statements to prove your doctor's breach 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 law firm lawyer will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their deposition and testify. They may also assist in the preparation of your case for trial.
Your attorney will start negotiations with the defense team as part of the preparation for trial. This process can go on for many years. During this time, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's interest to settle outside of court whenever it is possible. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recoveries. If the settlement is reasonable the attorney will convince you to accept it.
Damages
During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant has caused these damages. For instance, if the doctor did not inform the patient that the procedure had a 30% chance of losing a limb, and the procedure was done correctly but the patient lost their arm, the medical professional may be held liable for malpractice.
In order to have a legitimate malpractice lawsuit, the victim must prove that a competent lawyer could have been able stop their financial loss or at a minimum, lessen the amount. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff has incurred expenses in the pursuit of a legal claim that are in excess of the amount sought as compensation.
Our medical
malpractice lawyers can explain the different types of damages caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and other economic and non-economic losses. In general, the more severe the injury, the greater the amount of compensation. A verdict that is successful could be challenged by an appeal. Therefore, settling the case outside of court can be an advantageous option for a few clients. It can save money as well as time on litigation costs. It also reduces the risk of a jury ruling on a case based upon emotions instead of facts.