The Ultimate Glossary Of Terms About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

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

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

Complaint

If your attorney's probe has revealed evidence that a malpractice occurred, the attorney will file a complaint with the court, along with a summons. The complaint will identify the defendants and state the allegations you make against them.

The basis for malpractice claims is the notion that a doctor or nurse or other healthcare provider owes the patient a standard of treatment. This is the amount of competence and prudence that reasonable doctors with similar training would use in similar situations. Your legal team needs to show that your doctor violated this standard which resulted in injuries from which you sustained damages quantifiable.

A physician's standard of care is often a matter of opinion and is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is particularly true for emergency room personnel, where mistakes are often made due to a chaotic environment and overworked employees. Your attorney might be able to secure testimony from experts in the emergency room that can assist in proving what should have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery process the attorney will collect and 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 be requested by the legal team opposing the case. This usually happens through interrogatories and requests for production of documents. Certain materials are considered to be privileged and malpractice Lawsuit confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most difficult element of a medical negligence claim since it requires expert evidence to support your claim.

Your lawyer will also call witnesses who can prove the doctor was negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be proficient at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. This is especially common in medical malpractice cases as the cost of trial can be high. After the facts of your case are established, a settlement can be agreed upon between you and the doctor's insurance company. If a settlement is not reached, your case could go to trial.

Trial

Your lawyer will file a formal complaint after an initial investigation. If they decide that you have a strong case for malpractice, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant with the summons.

The next step is discovery. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these statements to prove that your doctor acted in violation of the standard of care. The aim is to prove that the error was the result of negligence by the doctor and resulted in damages.

Aside from the witness statement In addition to the witness statement, your medical malpractice attorney will collaborate with a couple of expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their depositions and testimonies. They can also assist you in preparing your case for trial.

As part of the preparation for trial, your attorney will begin negotiations for settlement with the defense. This process can go on for many years. During this time period, you are recovering from your injuries and determining the magnitude of your injuries. It is in everyone's best interests to settle outside of court whenever feasible. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement offer is reasonable and fair, then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of limb, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held accountable for negligence.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". It is also necessary to prove that the plaintiff has incurred expenses in the pursuit of a successful legal claim, that is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that may be caused by a malpractice lawsuit including the past, present and future medical expenses, lost income, pain and suffering as well as other non-economic losses. Generally, the more serious the injury, higher the amount of compensation. However, a verdict that is deemed to be a success is sometimes overturned in appeal. So, settling out of court could be a beneficial alternative for some clients. It can save money as well as time in litigation fees. It also eliminates the risk of a juror ruling on a case based upon emotions rather than facts.