Why No One Cares About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be followed including a time limit within which the suit may be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor resulted in losses and injuries. This will require medical and hospital records.

Complaint

Your lawyer will prepare a court-appointed complaint and summons if he or she has discovered evidence of negligence. The complaint names the defendants in your case and outlines the allegations you're making against them.

Malpractice claims are based on the idea that a doctor or healthcare provider owes a patient a minimum standard of care. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional with similar training could exercise in similar situations. Your legal team has to show that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

It can be a challenge to prove that a physician's standard is the same as another doctor's. This is why it is essential to select a law firm with access to expert witnesses who can testify on the medical field and what a reasonable professional in your doctor's position would have done.

It's not only doctors who make medical errors; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly true for emergency room staff, whose mistakes are frequently made due to a chaotic environment and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency room that can assist in proving the proper procedure and why your doctor's actions did not meet this standard.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and review evidence that may help in proving a malpractice case. This includes medical records, witness statements, expert testimony, and more. This information can be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. 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 call witnesses who can prove the doctor was negligent. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your attorney will know how to take effective and powerful depositions in order to get witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. In medical malpractice cases this is particularly common due to the fact that going to trial can be quite expensive. Once the facts are established then you can negotiate a settlement with the doctor's insurer. If no settlement can be reached, the case may go to trial.

Trial

Once your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant with a summons.

Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to prove that your doctor violated the standard of care. The goal is to show that the error was caused by the doctor's negligence, and caused damage.

Aside from the witness statement, your medical malpractice attorney will also work with a couple of experts to support your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

Your lawyer will begin settlement discussions with the defense team as part of the trial preparation. This process could last for several years. During this time, you will be recovering from your injuries and determining the size and amount of your losses. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused the damages. For example, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the surgery was perfect but the patient lost an arm or limb, the doctor could be held accountable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced the financial loss. This is sometimes called the "but for test". It is also required to show that the plaintiff has incurred expenses in pursuit a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice attorneys can explain the various kinds of damages given in a malpractice lawsuit which include past, present and future medical expenses as along with loss of income as well as pain and discomfort and other economic or non-economic loss. The higher the award the more serious the damage. A ruling that is deemed to be successful can be overturned through an appeal. Therefore, settling the case outside of court could be a beneficial option for some clients. It could save money and time on court costs. It also eliminates the possibility of a jury making a decision based on emotions rather than facts.