How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are complex. There are certain guidelines to follow, including a time limit within which the lawsuit can be filed.
The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.
Complaint
Your lawyer will file a court complaint and summons after he has found evidence of misconduct. The complaint names the defendants in your case, and clearly outlines the allegations that you are making against them.
Malpractice claims are based on the idea that nurses, doctors and other healthcare providers owe a patient a certain standard of care. This standard is defined as the amount of care and skill that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team needs to show that your doctor breached this standard and caused injuries to which you suffered quantifiable damages.
A doctor's standard of care is usually a matter of opinion, and it can be difficult to prove. This is why it is essential to select 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.
It's not only doctors who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also can commit malpractice. This is especially applicable to emergency room staff where mistakes are often caused by a busy environment and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency department who can help demonstrate what could have been done and how your doctor's actions did not meet this standard.
Discovery
In the discovery phase the attorney will gather and analyze evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team on the other side will also have the opportunity to obtain this information from you and your attorney. This is typically done via interrogatories as well as requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.
You must also prove your injury was the result of a negligent doctor. This is the most difficult aspect of a medical negligence case as it requires expert witness testimony to support your claim.
Your lawyer can also question witnesses that can prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.
The majority of lawsuits are resolved or settled before they reach the trial stage. In medical
malpractice attorney cases it is a common practice as the costs of going to trial can be expensive. Once the facts of your case are established, a settlement may be reached between you and the doctor's insurance company. If a settlement cannot be agreed upon, your case will be heard in court.
Trial
Your lawyer will file a complaint after completing the initial investigation. If they decide that you have a convincing case of malpractice, then they will file it. The complaint will clearly state your allegations and must be served on the defendant along with a summons.
The next phase involves discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these statements to prove the doctor's breach of standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor, and caused damage.
Aside from the witness statement Your medical
malpractice lawyer will collaborate with two or more experts to support your claim. These experts will be provided medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.
Your attorney will begin negotiations with the defense team as part of the preparation for trial. This process continues throughout the trial and can sometimes last for years. In this time, it is likely that you'll be recovering from your injuries while determining the extent and value of your injuries. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement proposal is reasonable the attorney will convince you to accept it.
Damages
During the discovery phase, plaintiffs will be required to prove that their losses are significant and that the negligence of the defendant caused these damages. If, for instance, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of a limb, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held liable for malpractice.
A victim could also prove that a competent lawyer could have averted or reduced the financial loss. This is commonly referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses in pursuing a successful legal claim, which is greater than the amount sought in compensation.
Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that could be suffered in a malpractice lawsuit including future, present and past medical expenses and lost income, as well as suffering and other economic and non-economic losses. The more serious the injury, the more the amount of compensation. A decision that is found to be a success could be overturned through an appeal. Settlements outside of court can be beneficial for a few clients. It will save time and money in court costs, as well as avoiding the possibility of having a jury decide a case based on the basis of emotions instead of fact.