14 Clever Ways To Spend Extra Money Malpractice Litigation Budget

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be followed, which include a time limit within which the lawsuit can be filed.

The plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has found evidence that fraud occurred, he or she will file a complaint with the court, along with summons. The complaint will identify the defendants and state the allegations you make against them.

The basis for malpractice claims is the idea that a doctor or nurse or other healthcare provider owes the patient a standard of care. This is the level of skill and caution the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

A physician's standard of care is often a matter of opinion and is often difficult to prove. This is why it is important to hire a law firm with access to experts who can testify about the medical field and what an experienced professional in your doctor's position would have done.

It's not just doctors who make mistakes, but also hospital staff, including nurses and anesthesiologists. This is particularly true for emergency room staff, as mistakes are often made due to the crazed atmosphere and overworked employees. Your lawyer may be able to get expert testimony from emergency room staff who can show what should have happened and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase your lawyer will collect and review evidence that may support a malpractice case. This includes medical records, witness statements, expert testimony, and more. The other side's legal team may also be able to obtain this information from you and your attorney. This usually happens through inquiries and requests for production of documents. Certain materials could be protected and secret due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also question any witnesses that can prove the doctor's negligence. This could include radiologists, dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your lawyer is skilled at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. This is especially true in medical malpractice cases because the costs of a trial can be very high. After the facts of your case are established, a settlement could be agreed upon between you and the doctor's insurance company. If no settlement can be reached, the case may proceed to trial.

Trial

Your lawyer will file a formal complaint after completing the initial investigation. If they decide that you have a solid case of malpractice, then they will file it. The complaint will be clear in its allegations and must be delivered to the defendant with the summons.

Discovery is the next stage. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use these documents to prove your doctor's violation of the standard of care. The objective is to establish that the error was a result from the negligence of the doctor that resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. They will be provided with medical records and all the details about your case to prepare for their testimony and deposition. They may also aid in making your case ready for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process can last for many years. In this time, you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle out of the court and avoid litigation as often as possible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and long-term recovery. If the settlement is reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if 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 perfect, but the patient lost an arm or limb, the doctor could be held liable for malpractice.

A victim could also prove that a skilled lawyer could have averted or reduced the financial loss. This is often referred to as the "but for" test. It is also necessary to prove that the plaintiff has paid for expenses in pursuit a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice attorneys can explain the different types of damages that may be given in a malpractice lawsuit including past, current and future medical expenses, as along with loss of income, pain and discomfort, and other non-economic losses. The higher the amount the more serious the injury. A verdict that is successful could be overturned through an appeal. Therefore, settling the case outside of court could be a beneficial option for certain clients. It will reduce time and cost in costs for litigation, as well as avoiding the risk of having a jury decide a case based on the basis of emotions instead of facts.