From The Web: 20 Fabulous Infographics About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to be followed, which include a time limit within which the lawsuit may be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

After your attorney's investigation has found evidence that fraud occurred, the attorney will file a lawsuit in court, along with summons. The complaint identifies the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers owe a patient a certain standard of care. This standard is defined as the level of expertise and prudence that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team will have to prove that your doctor breached this standard and caused injuries to which you suffered quantifiable damages.

The standard of care for a doctor is often an issue of opinion and is often difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify about what a reasonable professional would have done.

It's not just doctors who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly true of emergency room staff, whose mistakes are often attributed to a hectic atmosphere and overworked workers. Your lawyer may be in a position to obtain an expert opinion from the emergency room personnel who can show what could have been done differently and how your doctor failed to fulfill this standard.

Discovery

During the discovery process the attorney will gather and review evidence that may prove a malpractice case. This includes medical records, witness statements expert testimony and more. The information may be requested by the opposing legal team. This usually happens through inquiries and requests for production of documents. However, certain materials could be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult element of a case involving medical negligence, as it requires expert testimony to support your claim.

Your lawyer will also call witnesses that can prove that the doctor was negligent. This can include radiologists, dentists, 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 convince these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are settled prior to trial. In the case of medical malpractice this is the most common because the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement cannot be reached the case will go to trial.

Trial

When your lawyer has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant with a summons.

Discovery is the next stage. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor did not follow the standard of care. The aim is to demonstrate that the error was caused by the negligence of your doctor, and caused damage.

Your medical malpractice law firms attorney will also collaborate with one or more expert witnesses in support of your claim. They will be provided with medical records and detailed information about your case in preparation for their depositions and testimonies. They can also assist in making your case ready for trial.

Your attorney will start negotiations with the defense as part of the preparation for trial. This process is ongoing throughout the trial, and can take up to many years. During this time, you are recovering from your injuries and determining the extent of your losses. If possible, it's in everyone’s best interest to avoid litigation and malpractice Lawyers settle outside of court. Your attorney will carefully assess the merits of any settlement offer with your current and potential recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if a doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim can also prove that a skilled lawyer could have averted or reduced the financial loss. This is often referred to as the "but for" test. It is also required to prove that the plaintiff has incurred expenses in pursuing a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and other non-economic losses. The greater the amount of money awarded the more serious the injury. A ruling that is deemed to be successful can be rescinded by appeal. Therefore, settling the case outside of court may be a viable option for certain clients. It can save money and time in litigation fees. It also eliminates the risk of having a jury ruling on a case based upon emotions instead of facts.