How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits – Read the Full Report – can be very complicated. There are certain guidelines to be followed, which include the time frame within which the lawsuit can be filed.
The claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.
Complaint
When your attorney’s inquiry has found evidence that fraud occurred, the attorney will file a formal complaint in court and issue a summons. The complaint names the defendants in your case and clearly states the allegations that you are making against them.
Malpractice claims are based on the idea that nurses, doctors and other healthcare professionals owe patients the same level of care. This standard is the level of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable injury.
It can be a challenge to prove that a physician’s standard is the same as another doctor’s. It is important to hire an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.
It’s not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is especially true of emergency room staff, whose mistakes are frequently made due to a crowded environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency room who can provide evidence of the proper procedure and why your doctor’s actions did not meet 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 includes medical records, witness statements, as well as expert testimony. The legal team representing the other side may also be able to obtain this information from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials are considered to be privileged and secret due to privacy laws, like HIPAA’s Privacy Rule.
You must also prove that your injury is due to the doctor’s negligence. This is the most difficult aspect of a medical negligence case since it requires expert witness testimony that proves your claim.
Your lawyer will also call witnesses that can prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your attorney will be skilled at taking strong and effective depositions to get these witnesses to admit that the doctor was negligent.
Most lawsuits are resolved, or settled before they reach the trial stage. In cases involving medical malpractice this is particularly common since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company of the doctor. If a settlement isn’t possible the case will go to trial.
Trial
Your lawyer will file a lawsuit after conducting the initial investigation. If they find that you have a strong case of malpractice, they will file the complaint. This will clearly state your allegations and be served to the defendant along with a summons.
Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The goal is to show that the error was the result of the negligence of your doctor, and resulted in damages.
Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records and detailed information about your case to prepare for their deposition and testify. They may also help prepare your case for trial.
Your attorney will begin discussions on settlement with the defense as part of the preparation for trial. The process continues throughout the case and can sometimes last for years. During this time, you are recovering from your injuries and determining how much of your injuries. It’s in everyone’s best interest to settle out of court and avoid litigation whenever possible. Your lawyer will carefully weigh the advantages of a settlement offer against your current and long-term recovery. If the settlement is fair, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs have to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. For example, if the doctor did not inform the patient that the surgery had a 30% chance of losing a limb. Moreover, if the procedure was done correctly but the patient lost their arm or limb, the doctor could be liable for malpractice.
In order to be able to file a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have helped reduce their financial loss, or at the very least, reduce its size. This is commonly referred to as the “but for” test. In addition, it is necessary to demonstrate that the plaintiff’s expenses in the pursuit of a legal claim that is greater than the amount sought as compensation.
Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. The greater the amount of money awarded, the more serious injury. A successful verdict may be overturned through an appeal. Settlements that are not in court may be beneficial for certain clients. It will save time and money in litigation costs, aswell as avoiding the risk of having a jury judge a case on the basis of emotions instead of facts.