Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be followed including a time limit within which the suit could be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will file a court complaint and summons once he or she has found evidence of malpractice. The complaint identifies the defendants in your case, and clearly outlines the allegations you're making against them.

malpractice law firms claims are based on the belief that a physician or nurse or any other healthcare provider is obligated to a patient a standard of care. This is the level of competence and care reasonable doctors with similar training would employ in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable damage.

A doctor's standard of care is often a matter of opinion, and is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

Not only doctors make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are usually due to a crowded atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency department who can help demonstrate what could have been done and how your doctor's actions fell short of this standard.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements, as also expert testimony. The information could also be requested by the opposing legal team. This can be done via 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 that your injury is the result of the negligence of your doctor. This is the most difficult part of a malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligent actions. This can include radiologists, dentists nurses, assistants, nurses and others who were involved in the care of your health. Your lawyer will be proficient in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. In the case of medical malpractice, this is especially common since the cost of going to trial can be expensive. After the facts of your case are established, a settlement may be discussed between you and your insurance company of the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

Discovery is the next step. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these statements to prove your doctor's breach of standard of care. The objective is to prove that the error was the result of negligence by the doctor and resulted in damages.

In addition to the witness statement Your medical malpractice lawyer will collaborate with two or three experts to support your claim. These experts will receive medical records and details about your case in preparation for their depositions and testimony. They may also aid in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process is ongoing throughout the case and can sometimes last for many years. During this time, you are recovering from your injuries and determining how much of your damages. It's in everyone's interest to settle out of court whenever feasible. Your lawyer will carefully consider the merits of a settlement against your current and long-term recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. If, for instance, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of arm, and the operation was flawless, but the patient lost an arm or limb, the doctor could be held liable for malpractice.

In order to have a legitimate malpractice lawsuit, the person who is suing must also prove that a competent lawyer would have been able to prevent their financial loss or at least reduce the amount. This is sometimes referred to the "but for test". Additionally, it is necessary to demonstrate that the plaintiff was liable for costs in pursuit of a successful legal claim that are greater than the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that may be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, suffering and pain and suffering, as well as other non-economic losses. The higher the award the more serious the damage. However, a successful verdict is sometimes overturned upon appeal. Settlements outside of court could be beneficial for a few clients. It will reduce time and cost in costs for litigation, as well being able to avoid the potential risk of having a jury judge an issue on the basis of emotion rather than fact.