Watch Out: What Malpractice Litigation Is Taking Over And What You Can Do About It

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed including a specified time period within which the suit may be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has uncovered evidence that malpractice occurred, the attorney will file a lawsuit in court, along with summons. The complaint names the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are based on the idea that a doctor or healthcare provider owes a patient a minimum standard of care. This standard is defined as the amount of expertise and prudence that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must to prove that your doctor violated this standard, resulting in injuries from which you sustained quantifiable damages.

The standard of care for a doctor is often a matter of opinion, and it is difficult to prove. This is why it is important to work with a legal firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in your situation would have done.

Not only physicians can make mistakes, but also hospital staff, including anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often attributed to a chaotic environment and overworked staff. Your lawyer could be in a position to secure an expert witness from the emergency room staff who can explain the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery stage the attorney will gather and review evidence that could be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The legal team representing the other side will also have the option to request the information from you and your attorney. This is usually done through interrogatories and requests for the production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor's negligence. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the care of your health. Your attorney will be skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, prior to reaching the trial stage. In the case of medical malpractice this is the most common because the cost of going to trial can be quite expensive. Once the facts of your case are established, a settlement can be discussed between you and your insurance company for the doctor. If a settlement is not reached, your case could go to trial.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they determine that you have a strong case for malpractice lawyers malpractice, then they will file it. It will state clearly your allegations and be served to the defendant along with a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions from witnesses. Your lawyer will use the statements to prove that the doctor violated the standards of care. The objective is to prove that the error resulted of the doctor's negligence and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. These experts will be given medical records and specific information about your case to prepare for their deposition and testify. They may also help prepare your case for trial.

Your lawyer will begin settlement discussions with the defense as part of the preparation for trial. The process can take many years. In this time, you are recovering from your injuries and determining the severity of your damages. It's in everyone's interest to settle out of court whenever it is possible. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future settlement. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held accountable for negligence.

A victim may also show that a skilled lawyer could have prevented or reduced the financial loss. This is commonly referred to as the "but for" test. Additionally, it is important to show that the plaintiff has incurred expenses to pursue a legal claim that are in excess of the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that can be suffered in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other economic and non-economic losses. The higher the award is, the more serious injury. However, a decision that is successful may be rescinded in appeal. Settlements outside of court may be beneficial to some clients. It could save money and time on court costs. It also avoids the possibility of a jury choosing a case based on emotion rather than fact.