How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, for example a deadline within which the lawsuit may be filed.
The claimant also has to prove that the doctor’s actions caused injuries and losses. This will require medical and hospital records.
Complaint
Once your attorney’s investigation has discovered evidence of malpractice occurred, the attorney will file a complaint in court along with summons. The complaint will name the defendants and describe the allegations you make against them.
Malpractice claims are based on the notion that a doctor or nurse or other healthcare professional owes a patient a minimum standard of care. This is defined as the amount of care and skill that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must to show that your doctor did not meet this standard that resulted in injuries due to which you have suffered damages that are quantifiable.
The standard of care a physician provides is usually a matter of opinion and is difficult to prove. This is why it’s crucial to choose a law firm with 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.
Not only doctors can make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is especially true for emergency room personnel, where mistakes are frequently made due to the crazed atmosphere and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency room who can help demonstrate what should have been done and why your doctor’s actions fell short of this standard.
Discovery
During the discovery phase your lawyer will gather and look over evidence that could be used to support a malpractice claim. This could include medical records, witness statements as also expert testimony. The other side’s legal team may also be able to request these documents from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, like HIPAA’s Privacy Rule.
You must also prove that your injury was caused by the medical professional’s negligence. This is the most difficult component of a case involving medical negligence since it requires expert evidence to support your claim.
Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, and other people who were involved in the treatment of your health. Your attorney will know how to take powerful and effective depositions in order to get witnesses to accept that the doctor’s negligence.
Most lawsuits are settled, or settled, before they reach the trial stage. In medical malpractice cases it is a common practice due to the fact that going to trial can be quite expensive. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If no settlement can be agreed upon, your case will go to trial.
Trial
Your attorney will file a complaint following having completed the initial investigation. If they conclude that you have a compelling case for malpractice, then they will file it. The complaint will be clear in its allegations and be sent to the defendant in the summons.
The next stage is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to prove that the doctor violated the standard of care. The goal is to show that the error was caused by the doctor’s negligence, and resulted in damages.
Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information about your case in preparation for their deposition and testify. They may also assist in preparing your case for trial.
Your attorney will begin talks with the defense team as part of the trial preparation. This process is ongoing throughout the trial, and may last for years. In this time, you’ll be recovering from your injuries and determining the amount and value of your injuries. It’s in everyone’s interest to settle your case outside of the courtroom and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future settlement. If the settlement is reasonable, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs need to prove that their losses are significant and that the negligence of the defendant caused these damages. For instance, if a doctor did not inform the patient that the procedure was associated with a 30 percent chance of losing a limb and the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.
A victim may also demonstrate that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred to as the “but for” test. It is also essential to prove that the plaintiff has paid for expenses to pursue a legal claim, which are greater than the amount they seek in compensation.
Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and other economic and non-economic losses. The higher the award, the more serious injury. However, a successful verdict may be rescinded on appeal. Therefore, settling out of court may be an advantageous alternative for some clients. It can save money as well as time on court costs. It also reduces the risk of a juror ruling on a case based upon emotion rather than fact.