How to File a Medical
Malpractice LawsuitMedical malpractice lawsuits are a complex matter. There are specific guidelines to be followed including a time limit within which the suit could be filed.
The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.
Complaint
If your attorney's probe has discovered evidence of malpractice occurred, he or she will file a lawsuit in court and issue a summons. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.
Malpractice claims are founded upon the belief that nurses, doctors or other healthcare providers are obligated to a patient an appropriate level of care. This is the level of skill and caution a reasonably prudent doctor with similar training would use in similar circumstances. Your legal team needs to show that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.
A physician's standard of care is often a matter of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to testify on what a reasonable doctor would have done.
Not only doctors can make mistakes, but also hospital personnel, such as anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are frequently due to a crowded environment and overworked staff. Your attorney may be in a position to obtain experts from emergency room staff who can show what could have been done differently and how your doctor failed to meet this standard.
Discovery
During the discovery stage your lawyer will collect and examine evidence that could support a malpractice case. This includes medical records and witness statements, as well as expert testimony. The legal team representing the other side can also have the chance to request the information from you and your attorney. This is typically done via interrogatories and requests for production of documents. Certain documents could be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.
You must also prove your injury was the result of a doctor's negligence. This is the most difficult part of a malpractice case since it requires expert witness testimony to support your claim.
Your lawyer will also interview witnesses who can prove the doctor was negligent. This could include radiologists, dentists, nurses, assistants and others who were involved in the treatment of your health. Your attorney will know how to take effective and strong depositions to ensure that these witnesses admitting that the doctor's negligence was a factor.
The majority of lawsuits are settled prior to trial. This is particularly true for medical
malpractice law firms cases, since the cost of a trial can be very high. Once the facts are established and you have a chance to negotiate a settlement with the insurer of the doctor. If no settlement can be agreed upon, your case will be heard in court.
Trial
Once your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant in a summons.
Discovery is the next step. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor violated the standard of care. The objective is to prove that the error was caused by the negligence of the doctor, and caused damage.
Aside from the witness statement Your medical malpractice lawyer will also work with two or more expert witnesses to back up your claim. They will be provided with medical records and specific information about your case to prepare for their testimony and deposition. 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. This process can go on for several years. During this period, you'll be recovering from your injuries while determining the amount and value of your damages. If you can, it is beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement is reasonable then your lawyer will advise you to accept it.
Damages
During the discovery process the plaintiffs must prove that their losses were significant and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that a surgery was associated with a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.
A victim could also prove that a competent lawyer could have prevented or minimized their financial loss. This is sometimes referred to as the "but for" test. It is also essential to show that the plaintiff incurred costs in pursuing a successful legal claim that is greater than the amount they seek in compensation.
Our medical
malpractice lawyers can provide an explanation of the different types of damages that can be given in a malpractice lawsuit including past, current and future medical expenses, as well as loss of income as well as pain and discomfort and other economic or non-economic loss. In general, the more severe the injury, the more the award. A decision that is found to be a success could be overturned by an appeal. Settlements outside of court could be beneficial for a few clients. It can save time and money in court costs, as well as avoiding the risk of having a jury judge cases on the basis of emotion rather than fact.