How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, for example the time frame within which the lawsuit may be filed.
In addition to proving negligence, the claimant must show that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.
Complaint
Your lawyer will make a court complaint and summons when he/she has discovered evidence of negligence. The complaint names the defendants in your case, and clearly outlines the allegations that you are making against them.
Malpractice claims are founded on the premise that nurses, doctors or other healthcare professionals owe patients an appropriate level of care. This standard is defined as the level of skill and caution that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must to prove that your doctor breached this standard, resulting in injuries from which you sustained damages quantifiable.
It can be difficult to prove that a doctor's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to provide proof of what a reasonable doctor would have done.
Not only doctors make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is especially true for emergency room staff, whose errors are usually due to the crazed atmosphere and overworked employees. Your lawyer could be able to secure expert testimony from emergency room staff who can show the circumstances that led to the incident and how your doctor failed to fulfill this standard.
Discovery
During the discovery phase during the discovery phase, your attorney will collect and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The legal team of the other side will also have the option to request the information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential due to privacy laws, for instance HIPAA's Privacy Rule.
You must also prove that your injury is the result of the negligence of your doctor. This is the most difficult part of a medical malpractice case as it requires expert witness testimony that supports your claim.
Your lawyer will also interview witnesses who can demonstrate that the doctor's actions were negligent. This can include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your lawyer is skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled before they reach trial. This is especially common in medical malpractice cases since the costs of trial can be high. Once the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If a settlement cannot be reached your case will proceed to trial.
Trial
Once your attorney has completed the initial investigation and concludes that you have an excellent
malpractice law firms case, they will file the complaint. It will state clearly your allegations and will be served on the defendant along with a summons.
Discovery is the next phase. This involves the exchange of medical records as well as depositions of witnesses. The 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 the result of the doctor's negligence, and caused damages.
Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.
As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process is ongoing throughout the case and can last for years. During this time, it is important that you are recovering from your injuries and determining the severity of your damages. When possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement with your current and future settlement. If the settlement is fair your lawyer will advise 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. For instance, if a doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.
To have a viable
malpractice lawsuit, the person who is suing must prove that a competent lawyer could have been able avoid financial loss or at a minimum, lessen its size. This is often referred to as the "but for" test. Additionally, it is important to show that the plaintiff incurred costs in the pursuit of a legal claim that is over the amount demanded as compensation.
Our medical malpractice attorneys can explain the various types of damages that could be awarded in a case of malpractice that include past, current and future medical expenses, as in addition to lost income or income, pain and discomfort and other non-economic loss. In general, the more serious the injury, the higher the award. However, a successful verdict may be rescinded on appeal. So, settling out of court may be an advantageous alternative for some clients. It can reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury judge cases on the basis of emotion rather than fact.