How to File a Medical
Malpractice LawsuitMedical malpractice lawsuits are a bit more complicated. There are certain guidelines to be followed including a time limit within which the suit may be filed.
In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions resulted in losses and injuries. This will require hospital and medical documents.
Complaint
Your lawyer will prepare a court-appointed complaint and summons once he or she has discovered evidence of negligence. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.
Malpractice claims are based on the idea that a doctor or healthcare professional owes a patient a minimum standard of care. This is the level of competence and care the reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.
A physician's standard of care is usually a matter of opinion, and can be difficult to prove. This is why it is crucial to choose a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.
It's not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also can commit
malpractice attorney. This is particularly true of emergency room staff, where mistakes are often made due to a hectic atmosphere and overworked employees. Your lawyer may be able to obtain an expert opinion from the emergency room staff who can demonstrate what could have been done differently and the reason why your doctor failed to fulfill this standard.
Discovery
In the discovery phase your lawyer will collect and examine evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as in addition to expert testimony. This information can also be requested by the opposing legal team. This is accomplished through interrogatories or requests for 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 is due to the negligence of the doctor. This is the most challenging part of a malpractice case since it requires expert witness testimony that supports your claim.
Your lawyer will also depose witnesses to prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, nurses and other people who were involved in the treatment of your health. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was not their fault.
Most lawsuits are resolved, or settled, before they reach the trial stage. This is particularly true in medical malpractice cases since the costs associated with a trial can be extremely expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement cannot be agreed upon, your case will be heard in court.
Trial
Your lawyer will file a formal complaint after completing the initial investigation. If they conclude that you have a convincing case of malpractice, then they will file it. The complaint will clearly state the allegations and will be given to the defendant in the summons.
Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use the statements to prove that the doctor violated the standards of care. The objective is to establish that the error was a result of the doctor's negligence and caused damages.
Aside from the witness statement Your medical malpractice lawyer will collaborate with one or two expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimonies. They may also help in preparing your case for trial.
As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process continues throughout the course of the trial and can sometimes last for many years. During this time, it is important that you are recovering from your injuries and determining the extent of your damages. If you can, it is in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement with your current and future recoveries. If the settlement is fair your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will need to show that their losses are significant and that negligence on the part of the defendant has caused these damages. For example, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be liable for malpractice.
A victim can also prove that a competent lawyer could have prevented or mitigated the financial loss. This is commonly referred to as the "but for" test. In addition, it is required to prove that the plaintiff incurred costs in pursuit of a successful legal claim which are over the amount of compensation sought.
Our medical malpractice lawyers (
www.ksja.Co.kr) are able to provide a detailed explanation of the various types of damages suffered in a malpractice lawsuit including past, present and future medical expenses, lost income, suffering as well as other non-economic losses. The higher the amount, the more serious injury. A verdict that is successful could be overturned through an appeal. Therefore, settling the case outside of court can be a beneficial option for certain clients. It can save money and time in court costs. It also avoids the risk of having a jury choosing a case based on emotion instead of fact.