Why No One Cares About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific rules that must be followed with a specific time frame during which the suit can be filed.

The claimant must also demonstrate that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will make a court complaint and summons if he or she has found evidence of malpractice. The complaint names the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare professional owes a patient a standard of care. This is the level of competence and prudence that the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must to prove that your doctor violated this standard and caused injuries to which you have suffered damages that are quantifiable.

A physician's standard of care is usually an issue of opinion, and is often 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 reasonable professionals in your situation would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is particularly true for emergency room staff where mistakes are due to a crowded environment and overworked employees. Your lawyer may be in a position to obtain expert testimony from emergency room personnel who can demonstrate the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could prove a malpractice attorneys claim. This includes medical documents, witness statements expert testimony and more. The information could also be requested by the legal team opposing the case. This can be done via interrogatories or requests for documents. Certain documents could be classified as confidential or privileged due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also question witnesses who can prove that the doctor's actions were negligent. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer will know how to conduct effective and strong depositions so that these witnesses accept that the doctor was negligent.

Most lawsuits are settled before going to trial. In cases involving medical malpractice this is particularly common since the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement isn't feasible your case will go to trial.

Trial

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

Discovery is the next stage. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The goal is to prove that the error was a result of negligence on the part of the doctor and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your lawyer will initiate talks with the defense as part of the preparation for trial. This process continues throughout the trial, and can sometimes last for several years. During this time, you will be recovering from your injuries and determining the amount and value of your injuries. It's in everyone's interest to settle outside of court whenever feasible. Your lawyer will carefully evaluate the merits of any settlement with your current and future recovery. If the settlement offer is reasonable then your lawyer will encourage to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused the damages. If, for example, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a leg, and the surgery was flawless, but the patient lost a limb and limb, then the medical professional could be held accountable for malpractice.

In order to have a legitimate legal action, the defendant must prove that a competent attorney could have been able reduce their financial loss, or at least minimize the size. This is often referred to as the "but for test". It is also important to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, which is more than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the different types of damages awarded in a case of malpractice including past, current and future medical expenses, malpractice attorney as also lost income, pain and discomfort, and other non-economic losses. The greater the amount of money awarded is, the more serious injury. A decision that is found to be a success could be rescinded by appeal. Settlements that are not in court may be beneficial for a few clients. It will save money and time in court costs. It also eliminates the risk of a juror choosing a case based on emotions instead of facts.