How to File a Medical
Malpractice LawsuitMedical malpractice lawsuits are complex. There are specific rules that must be followed with a specific time frame within which the suit may be filed.
The plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.
Complaint
Your attorney will prepare a court-appointed complaint and summons once he or she has discovered evidence of negligence. The complaint will name the defendants and describe the allegations you bring against them.
Malpractice claims are based on the premise that nurses, doctors and other healthcare providers are obligated to a patient the highest standard of care. This is the standard of skill and caution an appropriately prudent doctor with similar training would use in similar circumstances. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable damage.
It isn't easy to prove that a doctor's standards are the same as another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a reasonable professional would have done.
It is not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists can commit
malpractice law firms. This is especially applicable to emergency room staff where mistakes are usually made due to a busy atmosphere and overworked personnel. Your attorney may be able to get an expert opinion from the emergency room personnel who can explain what could have been done differently and why your doctor was unable to fulfill this standard.
Discovery
During the discovery stage during the discovery phase, your lawyer will gather and review evidence that may be used to support a malpractice claim. This includes medical records, witness statements, as and expert testimony. The legal team of the other side can also have the chance to request this information from you and your attorney. This is typically done via interrogatories and requests for production of documents. Certain documents could be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove that your injury was caused by the doctor's negligence. This is the most difficult part of a case involving medical negligence because it requires an expert testimony to support your claim.
Your lawyer will also depose any witnesses that can prove that the doctor's actions were negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your attorney will know how to take effective and strong depositions so that witnesses to accept that the doctor's negligence.
Most lawsuits are settled, or settled, before they get to the trial stage. This is particularly true in medical malpractice cases since the cost of a trial can be very high. After the facts of your case have been established, a settlement may be agreed upon between you and the insurance company of the doctor. If a settlement is not agreed upon, your case will go to trial.
Trial
Your attorney will file a complaint after completing the initial investigation. If they decide that you have a strong case of malpractice, then they will file the complaint. This will clearly state your allegations and be served on the defendant along with a summons.
Discovery is the next stage. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these statements to prove the doctor's breach of standard of care. The goal is to show that the error was the result of the negligence of your doctor, and caused damages.
In addition to the witness's testimony Your medical malpractice lawyer will also work with two or more expert witnesses to prove your claim. These experts will receive medical records and details about your case to prepare for their deposition and testify. They can also assist in preparing your case for trial.
Your attorney will start discussions on settlement with the defense as part of the preparation for trial. The process can take several years. During this period, you will be recovering from your injuries while determining the amount and value of your damages. It is in everyone's best interests to settle your case outside of the court and avoid litigation as often as feasible. Your lawyer will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement offer is reasonable, then your attorney will convince you to accept it.
Damages
During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant was a factor in those damages. If, for example, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of arm, and the operation was successful, but the patient lost an arm in the process, then the medical professional could be held accountable for negligence.
To be able to bring a valid malpractice lawsuit, the person who is suing must also show that a competent attorney could have been able reduce their financial loss, or at least minimize the amount. This is commonly referred to as the "but for" test. It is also essential to prove that the plaintiff's expenses in pursuit of a successful legal claim which are in excess of the amount demanded as compensation.
Our medical malpractice attorneys can provide an explanation of the different types of damages granted in a malpractice case, including past, current and future medical expenses, as also lost income as well as pain and discomfort and other economic or non-economic losses. The more money you are awarded, the more serious injury. A ruling that is deemed to be successful can be challenged by an appeal. So, settling outside of court could be a good option for certain clients. It can save time and money in litigation fees, as well as avoiding the possibility of having a jury decide a case based on the basis of emotion rather than fact.