14 Smart Ways To Spend The Leftover Malpractice Litigation Budget

How to File a Medical Malpractice Lawsuit

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

In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital 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 state the allegations against them.

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

The standard of care for a doctor is usually an issue of opinion, and it can be difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to provide proof of what a competent professional would have done.

It is not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also can be liable for malpractice. This is particularly applicable to emergency room staff where mistakes are often caused by a hectic atmosphere and overworked workers. Your lawyer may be able to get testimony from experts in the emergency department who can provide evidence of what could have been done and why your doctor's actions fell short of this standard.

Discovery

During the discovery process your lawyer will gather and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements, expert testimony, and more. The legal team on the other side will also have the option to request these documents from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be classified as confidential or privy because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult part of a medical negligence case because it requires an expert evidence to support your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This includes radiologists, dentists as well as nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will be proficient at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is particularly true for medical malpractice cases, since the costs of a trial can be very expensive. Once the facts of your case have been established, a settlement could be agreed upon between you and the doctor's insurance company. If a settlement isn't possible your case will proceed to trial.

Trial

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

The next step is discovery. This includes the exchange of medical records and depositions from witnesses. Your lawyer will use these evidences to prove your doctor's violation of the standard of care. The objective is to prove that the error was a result of negligence by the doctor and caused damages.

In addition to the witness statement Your medical malpractice lawyer will work with a couple of expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case to prepare for their depositions and testimonies. They may also help prepare your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. The process continues throughout the trial, and may last for several years. In this time, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's interest to settle out of court whenever it is possible. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement is reasonable, your lawyer will encourage 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 the damages. For example, if the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of arm, and the operation was successful, but the patient lost an arm and limb, then the medical professional could be held accountable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able to prevent their financial loss or at least minimize the size. This is often referred to as the "but for test". It is also necessary to demonstrate that the plaintiff's expenses in pursuit of a successful legal claim that are in excess of the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that could be caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and other non-economic losses. In general, the more serious the injury, the more the award. A decision that is found to be a success could be overturned through an appeal. Settlements outside of court may be beneficial to some clients. It can save money as well as time on litigation costs. It also helps avoid the risk of a jury deciding a case based on emotion instead of fact.