10 Things We Do Not Like About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed including a time limit in which the suit can be filed.

In addition to showing negligence, 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 found evidence of misconduct. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based on the idea that a doctor or nurse or other healthcare provider owes the patient a minimum standard of care. This standard is the level of skill and caution an appropriately prudent doctor with similar training would use in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable damage.

It can be challenging to prove that a physician's standards are comparable to another doctor's. This is why it is essential to select a law firm that has access to experts who can testify about the medical field and what a reasonable professional in your doctor's situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is especially true for emergency room personnel, where mistakes are often made due to a chaotic environment and overworked employees. Your attorney may be able to get expert testimony from emergency room staff who can show what could have been done differently and how your doctor failed to fulfill this standard.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could be used to support a malpractice claim. This includes medical records, witness statements, expert testimony and more. The information may be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain materials could be protected and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also interview witnesses who can prove the doctor's negligence. This could include nurses, assistants, radiologists, Malpractice lawyers dentists and other personnel who were involved in your treatment. Your lawyer will be proficient in preparing powerful and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they reach trial. In medical malpractice cases this is the most common as the costs of going to trial can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the doctor's insurer. If a settlement isn't possible your case will proceed to trial.

Trial

After your attorney 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 be sent to the defendant in the summons.

Discovery is the next step. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these evidences to prove the doctor's breach of standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with one or two experts 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.

Your lawyer will initiate talks with the defense during the preparation for trial. This process can last for many years. During this time, you will be recovering from your injuries while determining the size and amount of your injuries. It's in everyone's best interest to settle outside of court whenever possible. Your lawyer will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement is reasonable then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant has contributed to these losses. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the surgery was perfect but the patient lost an arm, then the medical professional could be held accountable for negligence.

In order to have a legitimate malpractice law firms lawsuit, the victim must also show that a competent attorney could have helped avoid financial loss or at a minimum, lessen the amount. This is sometimes referred to the "but for test". In addition, it is required to prove that the plaintiff's expenses in the pursuit of a legal claim that are more than the amount sought for compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that can be attained in a malpractice case including the past, present and future medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded the more serious the injury. A decision that is found to be a success could be challenged by an appeal. Therefore, settling the case outside of court can be a beneficial option for certain clients. It will save time and money in court costs, as well as avoiding the risk of having a jury decide cases on the basis of emotion instead of fact.