5 Laws That Can Help In The Malpractice Litigation Industry

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to follow, for example a deadline within which the lawsuit may be filed.

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

Complaint

Once your attorney's investigation has uncovered evidence that malpractice occurred, the attorney will file a lawsuit in court, along with a summons. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare professional owes a patient a standard of treatment. This standard is defined as the amount of care and skill that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team will have to prove that your doctor violated this standard that resulted in injuries due to which you sustained damages quantifiable.

It can be difficult to prove that a doctor's standard is the same as another doctor's. This is why it is essential to select a law firm that has access to experts who can testify on the medical field and what an experienced professional in the same situation as your doctor would have done.

It's not just doctors who make medical errors; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true for emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked employees. Your lawyer may be in a position to get an expert opinion from the emergency room staff who can explain what should have happened and how your doctor failed to meet this standard.

Discovery

During the discovery phase the attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements as and expert testimony. The legal team on the other side can also have the chance to request this information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. Certain materials are considered to be privileged and malpractice attorney confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult component of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your care. Your attorney will be skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled before they reach trial. In cases involving medical malpractice, this is especially common because the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company that covers the doctor. If a settlement is not reached, your case may proceed to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they find that you have a solid case of malpractice, then they will file the complaint. This will clearly state the allegations and must be delivered to the defendant in 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 statements to establish your doctor's breach of standard of care. The objective is to prove that the error was caused by the negligence of your doctor, and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will also work with two or three expert witnesses to prove your claim. These experts will be provided medical records and detailed information about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

Your attorney will begin settlement discussions with the defense during the trial preparation. This process continues throughout the trial, and may last for several years. In this time, you are recovering from your injuries and determining the magnitude of your losses. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement offers are 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 was a factor in those damages. If, for example, the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of a arm, and the operation was perfect, but the patient lost an arm and limb, then the medical professional could be held liable for malpractice.

A victim could also prove that a competent lawyer could have prevented or minimized their financial loss. This is sometimes called the "but for test". It is also essential to show that the plaintiff has incurred costs to pursue a legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages that can be awarded in a case of malpractice that include past, current and future medical expenses, as well as lost income and pain and discomfort and other economic or non-economic loss. The higher the award is, the more serious injury. A decision that is found to be a success could be rescinded by appeal. Therefore, settling the case outside of court can be an advantageous option for certain clients. It will save time and money on court costs, as well as avoiding the possibility of having a jury judge an issue on the basis of emotions rather than facts.