15 Terms Everybody In The Malpractice Litigation Industry Should Know

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be followed including a time limit during which the suit can be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor led to injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will file a court complaint and summons when he/she has discovered evidence of malpractice. The complaint names the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are founded upon the belief that nurses, doctors, or other healthcare professionals owe patients the highest standard of care. This is defined as the amount of care and skill that a reasonably prudent medical professional with similar training could exercise in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

It can be a challenge to prove that a doctor's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

It's not only doctors who make medical errors; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is especially true for malpractice lawsuits emergency room personnel, where mistakes are often attributed to the crazed atmosphere and overworked staff. Your lawyer may be able to secure testimony from experts in the emergency department who can explain what should have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery process your lawyer will collect and analyze evidence that could prove a malpractice case. This includes medical records and witness statements, as well as expert testimony. The legal team representing the other side may also be able to request these documents from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

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

Your lawyer will also question any witnesses that can prove the doctor's negligent actions. This includes radiologists, dentists nurses, assistants, and other personnel who were involved in the treatment of your health. Your lawyer will be adept in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they go to trial. This is particularly common for medical malpractice cases, since the costs associated with a trial can be extremely expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company of the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your claims and will be served on the defendant along with a summons.

The next stage is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of the statements to prove that your doctor acted in 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 caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. They will be provided with medical records and detailed information about your case to prepare for their depositions and testimonies. They may also help 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 continues throughout the trial and can take up to years. During this time, you are recovering from your injuries and determining how much of your losses. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement proposal with your current and potential recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. If, for instance, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of arm, and the operation was successful, but the patient lost an arm or limb, the doctor could be held liable for negligence.

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

Our medical malpractice lawyers are able to explain the various kinds of damages awarded in a malpractice case including past, current and future medical expenses, as also lost income as well as pain and discomfort and other economic or non-economic loss. The higher the amount is, the more serious injury. However, a ruling that is successful can sometimes be overturned when appealed. So, settling outside of court can be an advantageous alternative for some clients. It can help save time and money on litigation fees, as well as avoiding the risk of having a jury decide an issue on the basis of emotion rather than fact.