Malpractice Litigation Explained In Fewer Than 140 Characters

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific rules that must be followed including a certain time period within which the suit could 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

Your attorney will submit a court complaint as well as summons after he has found evidence of malpractice. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare provider owes a patient a certain standard of care. This standard is the level of competence and care a reasonably prudent doctor with similar training would use in similar circumstances. Your legal team has to prove that your doctor breached this standard that resulted in injuries due to which you sustained quantifiable damages.

A doctor's standard of care is usually an issue of opinion, and can be difficult to prove. This is why it is crucial to choose a law firm with access to expert witnesses who can give testimony on the medical field and what reasonable professionals in your doctor's situation would have done.

It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room staff, where mistakes are frequently made due to a chaotic environment and overworked staff. Your lawyer may be able obtain evidence from experts in the emergency department who can provide evidence of what should have been done and how the actions of your doctor did not meet the standards.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and review evidence that may support a malpractice case. This includes medical records, witness statements, as also expert testimony. The legal team of the other side may also be able to request these documents from you and your attorney. This is done by interrogatories or requests for documents. However, certain documents may be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview witnesses who can prove the doctor's negligence. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your attorney will know how to conduct powerful and convincing depositions so that these witnesses acknowledge that the doctor was negligent.

Most lawsuits are settled before they go to trial. In medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. Once the facts of your case have been established, a settlement may be reached between you and the insurance company of the doctor. If a settlement isn't attainable, your case will then go to trial.

Trial

Your lawyer will file a complaint after conducting the initial investigation. If they decide that you have a strong case for malpractice, they will file the complaint. This will clearly state the allegations and be sent to the defendant along with the summons.

Discovery is the next phase. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use the statements to prove that your doctor violated the standard of care. The goal is to establish that the error was the result of the negligence of your doctor, and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will be given medical records and all the details regarding your case in order to prepare for their deposition and testimony. They may also assist in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can last for several years. During this time, you will be recovering from your injuries while determining the magnitude and value of your losses. It's in everyone's interest to settle the matter out of court and avoid litigation whenever feasible. Your attorney will carefully compare the merits of any settlement with your current and future recovery. If the settlement proposal is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that the negligence of the defendant has caused these damages. If, for example, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the surgery was successful, but the patient lost an arm, then the medical professional could be held accountable for negligence.

To be able to bring a valid malpractice suit, the plaintiff must prove that a competent attorney could have been able stop their financial loss or at a minimum, lessen the amount. This is sometimes called the "but for test". Additionally, it is essential to prove that the plaintiff has incurred expenses to pursue a successful legal claim which are in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages attained in a malpractice law firms case including future, present and past medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. The greater the amount of money awarded the more serious the injury. However, a verdict that is deemed to be a success is sometimes overturned on appeal. Settlements outside of court may be advantageous for some clients. It will save time and money in costs for litigation, as well as avoiding the possibility of having a jury decide cases on the basis of emotion rather than facts.