What To Say About Malpractice Litigation To Your Mom
How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are a complex matter. There are specific rules that must be followed including a specified time period within which the suit could be filed.
The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital records.
Complaint
Once your attorney's investigation has discovered evidence of malpractice occurred, he or she will file a complaint in court, along with a summons. The complaint will identify the defendants and make the allegations against them.
Malpractice claims are based on the idea that nurses, doctors and other healthcare professionals owe patients a certain standard of care. This is the level of skill and caution an appropriately prudent doctor with the same training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard, resulting in injuries from which you suffered quantifiable damages.
It can be a challenge to prove that a physician's standards are comparable to another doctor's. This is why it is essential to select a law firm that has access to experts who can give testimony on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.
It's not just doctors who make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is especially applicable to emergency room staff where mistakes are usually due to a crowded environment and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency room who can explain the proper procedure and how your doctor's actions were not up to the standard.
Discovery
During the discovery phase the attorney will collect and examine evidence that may prove a malpractice claim. This includes medical records and witness statements, as also expert testimony. The information could also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.
You must also prove your injury was caused by the doctor's negligence. This is the most challenging aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.
Your lawyer will also interview witnesses who can prove that the doctor's actions were negligent. This could include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your lawyer will know how to take powerful and convincing depositions in order to get witnesses to accept that the doctor was negligent.
Most lawsuits are resolved, or settled, before they get to the trial stage. In medical malpractice cases this is the most common since the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't feasible the case will go to trial.
Trial
Once your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with a summons.
Discovery is the next step. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the statements to prove that the doctor did not follow the standard of care. The goal is to establish that the error was the result of the negligence of your doctor, and resulted in damages.
Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will receive medical records and details regarding your case to prepare for their depositions and testimonies. They may also aid in preparing your case for trial.
As part of the trial preparation your attorney will begin settlement negotiations with the defense. The process continues throughout the trial, and can sometimes last for years. During this time, you will be recovering from your injuries and determining the amount and value of your damages. When possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement offer with your current and future settlement. If the settlement seems reasonable, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant has contributed to these damages. For instance, if a doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.
In order to be able to file a valid malpractice lawsuit, the person who is suing must prove that a competent lawyer could have been able reduce their financial loss, or at least minimize the size. This is commonly referred to as the "but for" test. It is also necessary to prove that the plaintiff has incurred costs in pursuing a successful legal claim, which are higher than the amount demanded in compensation.
Our medical malpractice lawyers can explain the different types of damages that can be given in a malpractice lawsuit which include past, present and future medical expenses, as in addition to loss of income as well as pain and discomfort and other non-economic loss. In general, the more serious the injury, the greater the amount of compensation. A successful verdict may be rescinded by appeal. So, settling outside of court could be an advantageous option for a few clients. It will reduce time and cost in litigation fees, as well as avoid the potential risk of having a jury decide a case based on the basis of emotions instead of facts.