How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to be followed, which include a deadline within which the lawsuit can be filed.
In addition to showing negligence, the claimant must prove that the doctor’s actions resulted in injuries and losses. This will require hospital and medical documents.
Complaint
Your attorney will make a court complaint and summons once he or she has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations you have made against them.
Malpractice claims are based on the idea that nurses, doctors, or other healthcare providers owe a patient the same level of care. This is the standard of competence and prudence that the reasonably prudent doctor with the same training would employ in similar situations. Your legal team needs to prove that your doctor breached this standard that resulted in injuries due to which you sustained damages quantifiable.
It isn’t easy to prove that a doctor’s standards are the same as another doctor’s. It is crucial to employ an attorney who has access to experts in the field of medicine to testify about what a reasonable professional would have done.
Not only doctors can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff, where mistakes are frequently made due to a crowded environment and overworked workers. Your lawyer may be able to get experts from emergency room personnel who can provide evidence of what could have been done differently and how your doctor failed to fulfill this standard.
Discovery
In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could be used to support 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 usually done through inquiries and requests for production of documents. Certain documents may be considered to be confidential and confidential due to privacy laws, like HIPAA’s Privacy Rule.
You must also prove your injury was the result of a negligence of the doctor. This is the most challenging part of a malpractice claim because it requires expert witness testimony to support your claim.
Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your attorney will know how to conduct powerful and convincing depositions in order to get these witnesses admitting that the doctor was negligent.
Most lawsuits are resolved, or settled, prior to reaching the trial stage. For medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn’t reached, your case may be heard in court.
Trial
After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. This will clearly outline the allegations and be sent to the defendant along with a summons.
The next step is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor’s violation of the standard of care. The goal is to show that the error was caused by the negligence of the doctor, and caused damages.
Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case to prepare for their deposition and testimony. They can also assist 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 course of the trial and may last for several years. In this time, you are recovering from your injuries and determining the severity of your damages. When possible, it’s in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement is fair, your lawyer will encourage you to accept it.
Damages
During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was done correctly 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 legal action, the defendant must prove that a competent lawyer could have helped stop their financial loss or at least minimize its size. This is sometimes called the “but for test”. It is also necessary to demonstrate that the plaintiff’s expenses in pursuit of a successful legal claim that is greater than the amount of compensation sought.
Our medical malpractice lawyers (breaking news) are able to explain the various types of damages that could be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as pain and suffering as well as other non-economic losses. The higher the award is, the more serious injury. A verdict that is successful could be rescinded by appeal. Settlements that are not in court may be beneficial for certain clients. It will save time and money on costs for litigation, as well as avoiding the risk of having a jury judge a case based on the basis of emotion instead of fact.