The Ultimate Glossary Of Terms About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your attorney will submit a court complaint as well as summons once he or she has discovered evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are founded on the notion that nurses, doctors and other healthcare providers owe a patient a certain standard of care. This standard is defined as the amount of expertise and prudence that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable harm.

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

Not only doctors make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is particularly true of emergency room personnel, where mistakes are often attributed to a hectic atmosphere and overworked employees. Your attorney may be in a position to secure an expert witness from the emergency room personnel who can explain the circumstances that led to the incident and how your doctor failed to meet the standards.

Discovery

During the discovery process during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This includes medical documents, witness statements expert testimony and more. This information can be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain documents could be classified as confidential or privileged because of privacy laws like HIPAA and its Privacy Rule.

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

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your lawyer is skilled in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they reach trial. For medical malpractice cases this is the most common due to the fact that going to trial can be expensive. Once the facts are established, you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

Your attorney will file a formal complaint after completing the initial investigation. If they determine that you have a convincing case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant in a summons.

Discovery is the next phase. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The aim is to prove that the error Attorneys resulted from the negligence of the doctor that caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records as well as detailed information about your case to prepare for their deposition and testify. They may also help in preparing your case for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. This process can last for several years. During this time, you are recovering from your injuries and determining how much of your injuries. It's in everyone's best interest to settle your case outside of the courtroom and avoid litigation whenever feasible. Your attorney will carefully evaluate the merits of a settlement offer against your current and long-term recovery. If the settlement is reasonable 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 was a factor in the damages. For instance, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must prove that a competent lawyer could have helped reduce their financial loss, or at a minimum, lessen the amount. This is often referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff incurred costs to pursue a successful legal claim that is greater than the amount demanded as compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages that may be granted in a malpractice case including past, current and future medical expenses, as in addition to loss of income or income, pain and discomfort and other non-economic losses. The more money you are awarded the more serious the damage. However, a ruling that is successful could be reversed on appeal. So, settling out of court can be an advantageous alternative for some clients. It will save time and money on court costs, as well being able to avoid the potential risk of having a jury judge a case based on the basis of emotions instead of facts.