Write About Everything

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain rules that must be followed with a specific time frame during which the suit can be filed.

In addition to proving negligence, the claimant must show that the doctor’s actions resulted in injuries and losses. This will require hospital and medical records.

Complaint

If your attorney’s probe has revealed evidence that a malpractice occurred, the attorney will file a complaint in court and issue summons. The complaint will identify the defendants and state the allegations against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes the patient a minimum standard of care. This is the standard of competence and prudence that an appropriately prudent doctor with the same training would employ in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable damage.

A physician’s standard of care is often a matter of opinion, and it is difficult to prove. It is important to hire an attorney who has access to experts in the medical field to testify about what a reasonable doctor would have done.

Not only physicians can make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are usually due to a crowded environment and overworked employees. Your lawyer may be in a position to secure experts from emergency room personnel who can provide evidence of what should have happened and how your doctor failed to meet this standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could support a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team on the other side will also have the option to request these documents from you and your attorney. This is typically done via interrogatories and requests for the production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, such as HIPAA’s Privacy Rule.

You must also prove that your injury was the result of a negligent doctor. This is the most difficult part of a medical malpractice case because it requires an expert evidence to support your claim.

Your lawyer will also call any witnesses that can support the negligence of the doctor. This could include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to take powerful and convincing depositions to make these witnesses admitting that the doctor’s negligence was a factor.

The majority of lawsuits are settled before they reach trial. In the case of medical malpractice it is a common practice because the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be negotiated between you and the insurer of your doctor. If a settlement isn’t attainable the case will go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a strong malpractice case, they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

The next stage is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standard of care. The objective is to prove that the error was a result of the doctor’s negligence and caused damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to back your claim. They will be provided with medical records and specific information regarding your case, to prepare for their deposition and testify. They may also help prepare your case for trial.

Your attorney will start discussions on settlement with the defense during the preparation for trial. The process continues throughout the trial, and can last for many years. During this time, you are recovering from your injuries and determining the magnitude of your losses. It’s in everyone’s best interest to settle your case outside of the court and avoid litigation as often as feasible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement offer is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused the damages. For example, if the doctor failed to inform the patient that the procedure was a 30 percent risk of losing a limb. If the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice law firm.

A victim may also show that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the “but for test”. Additionally, it is required to prove that the plaintiff was liable for costs to pursue a legal claim that are in excess of the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the different types of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, suffering and pain and suffering, and other non-economic losses. The higher the amount the more serious the injury. However, a verdict that is deemed to be a success could be reversed on appeal. So, settling out of court can be a beneficial option for some clients. It can save time and money on litigation fees, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotions instead of facts.