It s The Malpractice Litigation Case Study You ll Never Forget

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines that must be met including a time limit in which the suit can be filed.

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

Complaint

If your attorney's probe has found evidence that fraud has occurred, he or she will file a complaint with the court, along with a summons. The complaint names the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider owes the patient a standard of treatment. This is defined as the level of skill and caution that a reasonable medical professional with the same training would exercise in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer damage.

The standard of care for a doctor is often an issue of opinion, and it is difficult to prove. This is why it's important to work with a legal firm that has access to experts who can give testimony on the medical field and what a reasonable professional in your doctor's position would have done.

It's not just doctors who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is particularly true of emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked employees. Your lawyer could be in a position to secure an expert witness from the emergency room personnel who can demonstrate what could have been done differently and the reason why your doctor failed to meet the standard.

Discovery

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

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

Your lawyer will also interview any witnesses that can support that the doctor's actions were negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will know how to take powerful and effective depositions to ensure that these witnesses admit that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. In medical malpractice cases this is the most common because the cost of going to trial can be quite expensive. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement is not agreed upon, your case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case, they will file the complaint. The complaint will be clear in its allegations and be served to the defendant with a summons.

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

Your medical malpractice lawyers lawyer will also work with one or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information regarding your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your lawyer will begin discussions on settlement with the defense as part of the trial preparation. This process can go on for many years. During this period, you'll be recovering from your injuries while determining the extent and value of your injuries. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your current and long-term recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. For example, if the doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb and the procedure was completed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized their financial loss. This is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff incurred costs in the pursuit of a legal claim that are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be attained in a malpractice lawsuits case including future, present and past medical expenses, lost income, pain and suffering and other non-economic losses. The greater the amount of money awarded the more serious the damage. A ruling that is deemed to be successful can be rescinded by appeal. Settlements outside of court could be beneficial for a few clients. It can save money and time in litigation fees. It also helps avoid the risk of a jury deciding a case based on emotion rather than fact.