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

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to be followed, which include the time frame within which a lawsuit can be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons when he/she has discovered evidence of negligence. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are founded on the notion that nurses, doctors or other healthcare providers are obligated to a patient the same level of care. This standard is the level of skill and caution reasonable doctors with similar training would use in similar situations. Your legal team will have to prove that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

The standard of care a physician provides is often a matter of opinion, and it 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 a reasonable professional in your doctor's situation would have done.

Not only doctors make mistakes, but also hospital staff, including anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are often due to a crowded environment and overworked employees. Your attorney may be able obtain evidence from experts in the emergency department who can provide evidence of what should have been done and how your doctor's actions fell short of this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and firm look over evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. This information can also be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. Certain materials could be protected and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most difficult component of a medical negligence claim, as it requires expert testimony to back your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, and other personnel who were involved in the treatment of your health. Your attorney will know how to conduct powerful and convincing depositions so that these witnesses admit that the doctor's negligence.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially true in medical malpractice cases since the costs of the trial process can be high. Once the facts are established you can negotiate an agreement with the doctor's insurer. If a settlement is not reached, the case may go to trial.

Trial

After your attorney completes the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant with the summons.

The next phase is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The aim is to prove that the error resulted of the doctor's negligence and caused damages.

Your medical malpractice law firm lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will be provided medical records and detailed information about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

Your lawyer will initiate discussions on settlement with the defense team as part of the preparation for trial. The process can take several years. During this time, you'll be recovering from your injuries and determining the magnitude and value of your losses. It is in everyone's best interests to settle out of court whenever possible. Your attorney will carefully compare the merits of any settlement offer with your current and potential recovery. If the settlement offer is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. If, for instance, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of limb, and the surgery was perfect, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

A victim may also show that a competent lawyer could have prevented or mitigated the financial loss. This is sometimes called the "but for test". In addition, it is important to show that the plaintiff has incurred expenses to pursue a successful legal claim that are greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The more serious the injury, the more the award. However, a decision that is successful is sometimes overturned upon appeal. Settlements outside of court could be beneficial to some clients. It could save money and time on court costs. It also avoids the risk of having a jury making a decision based on emotion instead of fact.