Guide To Malpractice Litigation: The Intermediate Guide In Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines that must be met with a specific time frame within which the suit could 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

When your attorney's inquiry has discovered evidence of malpractice occurred, he or she will file a lawsuit in court and issue a summons. The complaint identifies the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the idea that a doctor or nurse or other healthcare provider is obligated to a patient a minimum standard of care. This is the standard of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer damages.

The standard of care a physician provides is often 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 expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room personnel, where mistakes are frequently made due to a chaotic environment and overworked staff. Your attorney might be able to get testimony from experts in the emergency department who can help demonstrate what could have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery process, your attorney will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. These records can also be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is due to negligence by the doctor. This is the most difficult element of a medical negligence case since it requires expert testimony to back your claim.

Your lawyer will also question any witnesses that can prove the negligence of the doctor. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be proficient in preparing powerful and Malpractice effective depositions to get these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are resolved, or settled before they reach the trial stage. In cases involving medical malpractice this is the most common since the cost of going to trial can be expensive. Once the facts of your case are established, a settlement could be negotiated between you and the insurer of your doctor. If a settlement isn't agreed upon, your case will go to trial.

Trial

Once your attorney has completed the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will clearly state the allegations and will be given to the defendant with a summons.

The next step is discovery. The next phase is discovery. This includes the exchange and depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standard of care. The objective is to prove that the error was caused by the negligence of the doctor, and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with two or three expert witnesses to back up your claim. These experts will be given medical records and all the details about your case to prepare for their deposition and testimony. They may also help prepare your case for trial.

Your lawyer will begin settlement discussions with the defense during the preparation for trial. This process continues throughout the case and can take up to years. In this time, it is likely that you will be recovering from your injuries and determining the size and amount of your injuries. It's in everyone's interest to settle out of the court and avoid litigation as often as it is possible. Your lawyer will carefully evaluate the merits of any settlement with your current and future recoveries. If the settlement is reasonable, then your attorney will convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused those damages. If, for instance, the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of limb, and the surgery was perfect, but the patient lost an arm in the process, then the medical professional could be held responsible for negligence.

A victim can also prove that a competent lawyer could have averted or reduced the financial loss. This is sometimes referred to the "but for test". Additionally, it is required to prove that the plaintiff incurred costs to pursue a successful legal claim which are greater than the amount sought for compensation.

Our medical malpractice lawyers are able to explain the various kinds of damages that could be granted in a malpractice case which include past, present and future medical expenses as well as lost income as well as pain and discomfort and other economic or non-economic losses. The higher the amount, the more serious injury. A ruling that is deemed to be successful can be rescinded by appeal. So, settling outside of court may be a beneficial alternative for some clients. It will save money and time on litigation costs. It also eliminates the risk of a jury ruling on a case based upon emotions instead of facts.