How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complicated. There are specific guidelines to follow, including a time limit within which the lawsuit may 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 prepare a court-appointed complaint and summons if he or she has found evidence of misconduct. The complaint names the defendants in your case and outlines the allegations you are making against them.
Malpractice claims are based on the belief that a physician, nurse or other healthcare professional owes a patient a standard of treatment. This standard is defined as the amount of expertise and prudence that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team needs to show that your doctor breached this standard that resulted in injuries due to which you sustained damages quantifiable.
It isn't easy to prove that a doctor's standard is the same as another doctor's. This is why it is crucial to choose a law firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.
It's not just doctors who make mistakes, but so can hospital personnel, like nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are often due to a crowded atmosphere and overworked personnel. Your attorney may be able to get testimony from experts in the emergency room who can explain the proper procedure and how the actions of your doctor were not up to the standard.
Discovery
During the discovery process during the discovery phase, your attorney will collect and review evidence that could prove a malpractice claim. This includes medical records and witness statements as and expert testimony. The legal team representing the other side will also have the opportunity to obtain this information from you and your attorney. This is usually done through inquiries and requests for production of documents. Certain materials could be protected and secret due to privacy laws, like HIPAA's Privacy Rule.
You must also prove your injury is the result of the negligence of the doctor. This is the most difficult part of a case involving medical negligence, as it requires expert testimony to support your claim.
Your lawyer will also depose witnesses to prove that the doctor was negligent. This could include radiologists, dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your lawyer is skilled in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor's negligence was not their fault.
The majority of lawsuits are settled before they go to trial. This is particularly common in medical malpractice cases since the costs associated with a trial can be extremely expensive. After the facts of your case are established, a settlement could be negotiated between you and the insurer of your doctor. If a settlement isn't possible, your case will then proceed to trial.
Trial
Once 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 will be given to the defendant along with the summons.
The next step is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and caused damages.
Aside from the witness statement Your medical
malpractice lawyer will collaborate with two or more experts to support your claim. These experts will receive medical records and details about your case in preparation for their depositions and testimony. They can also assist in preparing your case for trial.
Your attorney will start talks with the defense as part of the trial preparation. This process can go on for several years. In this time, it is likely that you will be recovering from your injuries while determining the amount and value of your damages. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement offer against your current and future settlement. If the settlement proposal is reasonable, then your 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 negligence on the part of the defendant has contributed to the damages. For instance, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be held liable for
malpractice lawsuits.
A victim may also demonstrate that a competent lawyer could have prevented or mitigated the financial loss. This is often referred to as the "but for test". In addition, it is essential to prove that the plaintiff incurred costs in pursuit of a successful legal claim that is more than the amount sought as compensation.
Our medical malpractice lawyers are able to explain the different types of damages sustained in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and pain and suffering, as well as other non-economic losses. In general, the more serious the injury, the higher the award. A verdict that is successful could be challenged by an appeal. Settlements outside of court may be beneficial for certain clients. It can save money as well as time on court costs. It also reduces the risk of a juror deciding a case based on emotion rather than fact.