The 3 Greatest Moments In Malpractice Litigation History

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, such as a time limit within which a lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must prove that the actions of the doctor resulted in losses and injuries. This will require hospital and medical documents.

Complaint

Your lawyer will make a court complaint and summons once he or she has discovered evidence of negligence. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based on the idea that a doctor or healthcare provider is obligated to a patient a standard of care. This standard is the level of competence and care a reasonably prudent doctor with similar training would use in similar situations. Your legal team has to show that your doctor violated this standard which resulted in injuries from which you have suffered damages that are quantifiable.

The standard of care a physician provides is often a matter of opinion, and is often difficult to prove. This is why it is crucial to choose a law firm that has access to expert witnesses 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 physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also can commit malpractice. This is particularly true of emergency room staff, as mistakes are often attributed to a hectic atmosphere and overworked employees. Your lawyer may be in a position to secure an expert opinion from the emergency room personnel who can demonstrate the circumstances that led to the incident and how your doctor failed to meet the standards.

Discovery

During the discovery process your lawyer will collect and analyze evidence that could prove a malpractice case. This includes medical documents, witness statements, expert testimony and more. These records can also be requested by the legal team opposing the case. This usually happens through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privileged because of privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult aspect of a medical negligence case because it requires an expert witness testimony that proves your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your attorney will know how to conduct effective and powerful depositions to ensure that these witnesses accept that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. In cases involving medical malpractice this is particularly common as the costs of going to trial can be expensive. After the facts of your case are established, a settlement could be discussed between you and your insurer of your doctor. If a settlement isn't possible the case will go to trial.

Trial

Your lawyer will file a complaint after having completed the initial investigation. If they determine that you have a solid case of malpractice, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant with a summons.

The next stage is discovery. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of the doctor and caused damages.

Aside from the witness statement, your medical malpractice attorney will also work with one or two expert witnesses to support your claim. These experts will receive medical records and details about your case in preparation for their depositions and testimony. They can also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process is ongoing throughout the trial and may last for several years. During this time, you are recovering from your injuries and determining the extent of your damages. When 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 offer with your current and future settlement. If the settlement proposal is reasonable, then your attorney will convince you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused the damages. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of limb, and the surgery was perfect, but the patient lost a limb and limb, then the medical professional could be held liable for negligence.

To be able to bring a valid malpractice lawsuit, the person who is suing must prove that a competent lawyer could have helped avoid financial loss or at least minimize the amount. This is sometimes called the "but for test". It is also essential to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be given in a malpractice lawsuit that include past, current and future medical expenses as also loss of income and pain and discomfort and other non-economic loss. In general, the more serious the injury, the higher the award. However, a successful verdict may be rescinded upon appeal. Settlements outside of court may be beneficial for certain clients. It can save money and time on court costs. It also avoids the risk of a juror ruling on a case based upon emotion rather than fact.