How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits are complex. There are certain guidelines to follow, including a time limit within which a lawsuit can be filed.
The claimant must also prove that the doctor’s actions resulted in injuries and losses. This will require medical and hospital documents.
Complaint
If your attorney’s probe has discovered evidence of malpractice was committed, he will file a complaint in court, along with a summons. The complaint will identify the defendants, and then state the allegations against them.
The basis for malpractice claims is the idea that a doctor, nurse or other healthcare provider owes a patient a standard of treatment. This is the standard of skill and caution an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer damages.
It can be challenging to prove that a doctor’s standards are comparable to another doctor’s. This is why it is essential to select a law firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in your situation would have done.
It’s not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially applicable to emergency room staff where mistakes are often made due to a busy atmosphere and overworked workers. Your lawyer could be able to obtain an expert opinion from the emergency room personnel who can show the circumstances that led to the incident and how your doctor failed to meet this standard.
Discovery
During the discovery process during the discovery phase, your attorney will collect and look over evidence that might be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The information may also be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. Certain documents may be considered to be confidential and secret due to privacy laws, such as HIPAA’s Privacy Rule.
You must also prove your injury is due to the negligence of the doctor. This is the most difficult part of a case involving medical negligence as it requires an expert testimony to back your claim.
Your lawyer will also depose any witnesses that can support that the doctor’s actions were negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer is skilled in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor’s negligence was a factor.
The majority of lawsuits are settled before going to trial. In cases involving medical malpractice it is a common practice since the cost of going to trial can be expensive. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement cannot be agreed upon, your case will go to trial.
Trial
After your attorney completes the initial investigation and determines you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and be served on the defendant along with a summons.
Discovery is the next step. The next phase is discovery. This includes the exchange and deposition of witnesses. The lawyer will use the statements to prove that the doctor did not follow the standard of care. The goal is to establish that the error was caused by the negligence of the doctor, and resulted in damages.
In addition to the witness’s testimony Alongside the statement of the witness, your medical malpractice attorney will also work with a couple of expert witnesses to support your claim. These experts will receive medical records and details about your case in preparation for their depositions and testimony. They may also help in the preparation of your case for trial.
As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. This process could last for many years. During this time, you are recovering from your injuries and determining how much of your damages. If you can, it is in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement is fair your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. If, for example, the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of a limb, and the surgery was successful, but the patient lost an arm, then the medical professional could be held liable for negligence.
A victim can also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes called the “but for test”. It is also required to show that the plaintiff incurred costs in the pursuit of a successful legal claim, which are higher than the amount demanded 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 pain and suffering, as well as other non-economic losses. The higher the award the more serious the injury. A verdict that is successful could be overturned by an appeal. Settlements that are not in court may be beneficial for certain clients. It will save money and time on litigation costs. It also avoids the risk of a juror deciding a case based on emotion instead of fact.