5 Laws That Can Help In The Malpractice Litigation Industry

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to with a specific time frame within which the suit may be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has discovered evidence of malpractice. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are based on the notion that doctors, nurses or other healthcare professionals owe patients the same level of care. This is the standard of competence and prudence that a reasonably prudent doctor with the same training would employ in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable damage.

A physician's standard of care is usually a matter of opinion, and is difficult to prove. This is why it's important to hire a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in your situation would have done.

It's not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency department who can explain the proper procedure and how the actions of your doctor did not meet this standard.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may support a malpractice claim. This includes medical records and witness statements, as also expert testimony. The information may also be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain materials could be protected and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult element of a case involving medical negligence, as it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can demonstrate the negligence of the doctor. This can include radiologists, dentists nurses, assistants, and others who were involved in the care of your health. Your lawyer will be proficient at taking strong and effective depositions to get these witnesses to admit 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 because the cost of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the doctor's insurer. If a settlement isn't attainable, your case will then go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. The complaint will clearly state your allegations and must be served to the defendant with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove the doctor's breach of standard of care. The objective is to prove that the error was a result of negligence by the doctor and caused damages.

Apart from the witness's statement Your medical malpractice lawyer will work with two or more expert witnesses to support your claim. These experts will be provided medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process is ongoing throughout the case and can take up to several years. During this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's best interest to settle out of the courtroom and avoid litigation whenever feasible. Your lawyer will carefully consider 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 discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb and the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

To be able to bring a valid legal action, the defendant must also prove that a competent lawyer could have been able prevent their financial loss or at least minimize the amount. This is sometimes referred to the "but for test". It is also required to prove that the plaintiff incurred costs to pursue a legal claim that is more than the amount sought in compensation.

Our medical malpractice law firms lawyers can explain the various forms of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. The more serious the injury, the greater the amount of compensation. However, a decision that is successful could be reversed on appeal. Settlements that are not in court may be beneficial for certain clients. It can save money as well as time in litigation fees. It also reduces the risk of a juror choosing a case based on emotion instead of fact.