The Three Greatest Moments In Malpractice Litigation History

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines that must be met including a specified time period within which the suit could be filed.

In addition to proving negligence, the person seeking compensation must prove that the actions of the doctor led to injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, the attorney will file a complaint with the court along with summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare professionals owe patients the highest standard of care. This standard is the level of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team must to show that your doctor violated this standard and caused injuries to which you sustained damages 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 that has access to expert witnesses who can give testimony on the medical field and what a reasonable professional in the same situation as your doctor would have done.

Not only physicians can make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is especially true for emergency room staff, whose mistakes are frequently made due to a hectic atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency room who can explain what should have been done and how the actions of your doctor did not meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony, and more. The legal team representing the other side may also be able to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult aspect of a medical malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also question witnesses who can prove the negligence of the doctor. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your lawyer will know how to conduct effective and powerful depositions to ensure that witnesses to accept that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. This is particularly common in medical malpractice cases because the costs of the trial process can be high. Once the facts are established then you can negotiate a settlement with the insurance company of the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they conclude that you have a solid case for malpractice, then they will file the complaint. This will clearly state the allegations and be sent to the defendant with the summons.

The next step is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. These experts will receive medical records and all the details about your case to prepare for their deposition and testimony. They can also assist in the preparation of your case for trial.

Your lawyer will initiate negotiations with the defense during the preparation for trial. The process can take many years. In this time, you will be recovering from your injuries and determining the magnitude and value of your injuries. It's in everyone's best interest to settle out of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the merits of any settlement offer with your current and potential recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor failed to inform the patient that a surgical procedure carried a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.

To be able to bring a valid malpractice attorneys lawsuit, the person who is suing must also show that a competent lawyer could have helped prevent their financial loss or at least minimize the size. This is often referred to as the "but for test". It is also important to show that the plaintiff has incurred expenses to pursue a legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various forms of damages attained in a malpractice case including past, present and future medical expenses and lost income, as well as suffering as well as other non-economic losses. The higher the amount, the more serious injury. A decision that is found to be a success could be challenged by an appeal. Settlements outside of court can be beneficial for certain clients. It can save time and money in costs for litigation, as well as avoid the potential risk of having a jury decide a case based on the basis of emotion instead of facts.