10 Things We Do Not Like About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines that must be met including a certain time period within which the suit could be filed.

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

Complaint

If your attorney's probe has found evidence that fraud was committed, he will file a formal complaint in court, along with summons. The complaint names the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are founded upon the belief that nurses, doctors or other healthcare providers are obligated to a patient the same level of care. This is the standard of competence and prudence that the reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team needs to show that your doctor breached this standard, resulting in injuries from which you sustained quantifiable damages.

The standard of care for a doctor is often a matter of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide evidence of what a competent professional would have done.

It's not just physicians who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice attorney. This is particularly the case for emergency room personnel where mistakes are caused by a hectic atmosphere and overworked personnel. Your attorney may be able to obtain an expert opinion from the emergency room personnel who can show the circumstances that led to the incident and why your doctor was unable to meet the standards.

Discovery

During the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could help in proving 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 done through interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses that can prove that the doctor was negligent. This can include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions so that these witnesses admitting that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. For medical malpractice cases it is a common practice as the costs of going to trial can be expensive. Once the facts of your case have been established, a settlement could be discussed between you and your insurance company of the doctor. If no settlement can be reached, the case may proceed to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they decide that you have a compelling case of malpractice, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant in a summons.

The next stage is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use these evidences to prove the doctor's breach of standard of care. The goal is to prove that the error resulted of negligence on the part of the doctor and resulted in damages.

In addition to the witness's testimony Your medical Malpractice Lawyer (51.75.30.82) will collaborate with one or two expert witnesses to prove your claim. They will be provided with medical records and details regarding your case, to prepare for their deposition and testify. They may also help in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. This process can last for several years. In this time, you are recovering from your injuries and determining the severity of your damages. It is in everyone's best interests to settle out of the courtroom and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and future recoveries. If the settlement offer is reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a limb, malpractice lawyer and the surgery was successful, but the patient lost an arm and limb, then the medical professional could be held responsible for malpractice.

To be able to bring a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able avoid financial loss or at the very least, reduce its size. This is sometimes referred to the "but for test". It is also required to show that the plaintiff has incurred expenses in pursuing a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that can be caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other non-economic losses. The higher the amount is, the more serious injury. However, a successful verdict is sometimes overturned in appeal. Therefore, settling out of court may be a beneficial option for some clients. It will save money and time on litigation costs. It also helps avoid the risk of a juror deciding a case based on emotions rather than facts.