How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complex. There are specific guidelines to follow, such as a deadline within which the lawsuit can be filed.
In addition to proving negligence, the person seeking compensation must show that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.
Complaint
Your attorney will file a court complaint and summons once he or she has found evidence of misconduct. The complaint will identify the defendants in your case, and clearly outlines the allegations you're making against them.
The basis for
malpractice attorney claims is the notion that a doctor or nurse or other healthcare provider owes the patient a standard of treatment. This is the level of skill and caution the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damage.
The standard of care a physician provides is usually a matter of opinion and is often difficult to prove. This is why it is essential to select a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.
It's not just doctors who make mistakes, but also hospital staff, including nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are frequently caused by a hectic atmosphere and overworked personnel. Your attorney may be in a position to secure an expert witness from the emergency room personnel who can explain the circumstances that led to the incident and how your doctor failed to meet the standard.
Discovery
In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could support a malpractice case. This could include medical records, witness statements as well as expert testimony. The legal team on the other side can also have the chance to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. However, certain materials could be privileged or confidential because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove your injury is the result of negligence by the doctor. This is the most difficult part of a medical negligence claim because it requires an expert evidence to support your claim.
Your lawyer will also depose witnesses who can prove the negligence of the doctor. This includes radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your attorney will know how to conduct powerful and effective depositions to make these witnesses admitting that the doctor was negligent.
Most lawsuits are resolved, or settled, before they get to the trial stage. In cases involving medical malpractice, this is especially common as the costs of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company of the doctor. If a settlement isn't feasible your case will go to trial.
Trial
Once your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its claims and will be served to the defendant with a summons.
Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove your doctor's breach of the standard of care. The objective is to prove that the error was caused by the negligence of your doctor, and caused damages.
Aside from the witness statement Your medical
malpractice lawyer will collaborate with two or more expert witnesses to back up your claim. They will be provided with medical records and detailed information about your case to prepare for their deposition and testimony. They may also assist in preparing your case for trial.
Your lawyer will initiate negotiations with the defense as part of the trial preparation. This process could last for several years. In this time, you are recovering from your injuries and determining the extent of your damages. It's in everyone's interest to settle outside of court whenever possible. Your attorney will carefully compare the merits of any settlement with your current and future recoveries. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.
Damages
During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. For instance, if a doctor failed to inform the patient that the procedure was associated with a 30 percent chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.
In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent attorney would have been able to reduce their financial loss, or at least reduce the size. This is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred costs in pursuit a successful legal claim that is more than the amount sought in compensation.
Our medical malpractice lawyers can explain the various types of damages sustained in a
malpractice lawsuit including future, present and past medical expenses, lost income, pain and suffering and other economic and non-economic losses. In general, the more severe the injury, the greater the award. However, a ruling that is successful can sometimes be overturned upon appeal. Settlements outside of court could be beneficial for a few clients. It can save money as well as time in litigation fees. It also helps avoid the possibility of a jury making a decision based on emotion instead of fact.