Three Greatest Moments In Malpractice Litigation History

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be adhered to with a specific time frame in which the suit can be filed.

In addition to proving negligence, the claimant must also prove that the doctor's actions led to injuries and losses. This will require hospital and medical records.

Complaint

When your attorney's inquiry has discovered evidence of malpractice occurred, the attorney will file a formal complaint in court, along with a summons. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are based on the premise that nurses, doctors and other healthcare providers owe a patient an appropriate level of care. This is defined as the level of care and skill that a reasonable medical professional with the same training would exhibit in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable damage.

A physician's standard of care is often a matter of opinion, and it can be difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to provide evidence of what a professional of reasonable standards would have done.

It's not just doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists are susceptible to making mistakes. This is especially true of emergency room staff, whose mistakes are frequently made due to a hectic atmosphere and overworked staff. Your attorney may be in a position to secure an expert opinion from the emergency room staff who can explain what should have happened and why your doctor was unable to meet the standard.

Discovery

During the discovery stage your lawyer will collect and review evidence that could help in proving a malpractice case. This includes medical records, witness statements, expert testimony, and more. The information may also be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. Certain documents could be privileged or confidential because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult aspect of a medical malpractice case because it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses who can demonstrate the doctor's negligence. This includes radiologists, dentists, nurses, assistants and other personnel who were involved in the care of your health. Your attorney will be skilled in taking effective and convincing depositions in order to convince 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 common in medical malpractice cases as the costs of a trial can be extremely expensive. Once the facts are established, you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't reached, your case may be heard in court.

Trial

Your lawyer will file a lawsuit after an initial investigation. If they find that you have a compelling case for malpractice, then they will file the complaint. This will clearly state the allegations and be sent to the defendant in a summons.

The next phase involves discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the statements to prove that the doctor did not follow the standard of care. The objective is to establish that the error resulted of negligence by the doctor and caused damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to back your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in the preparation of your case for trial.

As part of the preparation for trial, your attorney will begin negotiations for settlement with the defense. This process continues throughout the trial and can last 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 losses. It's in everyone's best interest to settle the matter out of the courtroom and avoid litigation whenever possible. Your attorney will carefully assess the merits of any settlement offer against your current and potential recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate 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 a surgical procedure had a 30% chance of losing a limb and the procedure was done correctly but the patient lost their arm or limb, the doctor could be liable for malpractice lawyers.

To have a viable legal action, the defendant must also show that a competent lawyer could have been able to reduce their financial loss, or at least reduce the amount. This is commonly referred to as the "but for" test. It is also necessary to show that the plaintiff has paid for expenses in pursuit a successful legal claim, which are more than the amount sought in compensation.

Our medical malpractice attorneys can explain the different types of damages that can be awarded in a malpractice case including past, current and future medical expenses as well as loss of income and pain and discomfort and other economic or non-economic loss. In general, the more serious the injury, the more the award. A verdict that is successful could be overturned through an appeal. Therefore, settling the case outside of court may be a beneficial alternative for some clients. It can save money as well as time in litigation fees. It also avoids the risk of a jury choosing a case based on emotion instead of fact.