How to File a Medical
Malpractice LawsuitMedical malpractice lawsuits are a complex matter. There are certain guidelines to be adhered to with a specific time frame during which the suit can be filed.
The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.
Complaint
Your attorney will submit a court complaint as well as summons once he or she has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you make against them.
Malpractice claims are based on the belief that a physician or nurse or other healthcare provider owes a patient a minimum standard of care. This standard is defined as the level of care and skill that a reasonable medical professional trained similarly could exercise in similar situations. Your legal team will have to prove that your doctor violated this standard which resulted in injuries from which you suffered quantifiable damages.
The standard of care a physician provides is often an issue of opinion, and it is difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify about what a reasonable professional would have done.
Not only physicians can make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is especially the case for emergency room personnel where mistakes are often due to a crowded environment and overworked employees. Your lawyer could be able to obtain an expert opinion from the emergency room staff who can explain the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.
Discovery
In the discovery phase, your attorney will collect and analyze evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony, and more. The legal team on the other side will also have the opportunity to request these documents from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials could be protected and confidential due to privacy laws, such as HIPAA's Privacy Rule.
You must also prove your injury was the result of a negligent doctor. This is the most difficult part of a medical negligence claim because it requires an expert testimony to support your claim.
Your lawyer will also interview witnesses who can prove the doctor's negligence. This could include assistants, nurses radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct powerful and convincing depositions to make these witnesses admitting that the doctor's negligence.
The majority of lawsuits are settled prior to trial. In medical malpractice cases it is a common practice since the cost of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't reached, your case may proceed to trial.
Trial
Your lawyer will file a complaint following completing the initial investigation. If they determine that you have a strong case for malpractice, they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant in a summons.
The next phase involves discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The goal is to establish that the error was caused by the negligence of the doctor and caused damage.
Your medical malpractice attorney will also collaborate with one or more expert witnesses to support 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 assist in making your case ready for trial.
Your lawyer will begin settlement discussions with the defense team as part of the trial preparation. This process can last for many years. During this time, you are recovering from your injuries and determining the extent of your injuries. It's in everyone's best interest to settle outside of the court and avoid litigation as often as feasible. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement offer seems reasonable and fair, then your attorney will convince you to accept it.
Damages
During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient that a surgical procedure carried a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice.
A victim could also prove that a competent lawyer could have prevented or reduced the financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff's expenses in pursuit of a successful legal claim that are more than the amount of compensation sought.
Our medical
malpractice lawyers can explain the various types of damages that could be caused by a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. The more money you are awarded is, the more serious injury. A successful verdict may be challenged by an appeal. Therefore, settling the case outside of court could be a viable option for some clients. It will reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of fact.