Why We Love Malpractice Litigation And You Should Also

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to follow, for example the time frame within which the lawsuit can be filed.

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

Complaint

Your attorney will file a court complaint and summons if he or she has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

The basis for malpractice claims is the belief that a physician or healthcare professional owes a patient a standard of treatment. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional trained similarly could exercise in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

The standard of care a physician provides is often an issue of opinion, and it is difficult to prove. This is why it's important to hire a law firm that has access to experts who can testify on the medical field and what a reasonable professional in your situation 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 made due to a busy environment and overworked employees. Your attorney may be able to get an expert opinion from the emergency room personnel who can demonstrate what should have happened and how your doctor failed to meet the standards.

Discovery

During the discovery phase the attorney will gather and analyze evidence that could prove a malpractice case. This includes medical documents, witness statements expert testimony, and more. These records can also be requested by the opposing legal team. This can be done via interrogatories or requests for documents. Certain materials may be privileged and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of the doctor. This is the most challenging part of a malpractice case because it requires an expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This can include radiologists, firm dentists as well as nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer is skilled in preparing powerful and effective depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they get to the trial stage. This is especially true in medical malpractice cases as the costs involved in a trial can be extremely high. After the facts of your case are established, a settlement could be reached between you and the insurer of your doctor. If a settlement cannot be reached, the case may proceed to trial.

Trial

Once your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. It will state clearly your claims and will be served to the defendant with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these documents to prove your doctor's breach of the standard of care. The aim is to prove that the error was the result from the negligence of the doctor that caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They can also assist in preparing your case for trial.

Your attorney will start talks with the defense team as part of the trial preparation. This process can last for many years. In this time, it is likely that you will be recovering from your injuries and determining the size and amount of your damages. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and potential recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. If, for example, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the procedure was perfect but the patient lost an arm or limb, the doctor could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is often referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim that is greater than the amount sought in compensation.

Our medical malpractice lawyers are able to provide an explanation of the different types of damages that can be granted in a malpractice case that include past, current and future medical expenses as along with loss of income and pain and discomfort and other economic or non-economic loss. The more money you are awarded the more serious the damage. However, a ruling that is successful is sometimes overturned in appeal. Settlements outside of court can be beneficial for certain clients. It can save money and time in litigation fees. It also helps avoid the risk of a jury deciding a case based on emotion rather than fact.