How to File a Medical
Malpractice LawsuitMedical malpractice lawsuits are a complex matter. There are certain guidelines to follow, including a deadline within which a lawsuit can be filed.
In addition to proving negligence, the person seeking compensation must also prove that the actions of the doctor resulted in losses and injuries. This will require medical and hospital records.
Complaint
Your attorney will prepare a court-appointed complaint and summons when he/she has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you make against them.
Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a minimum standard of care. This is the amount of skill and caution the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable harm.
It can be a challenge to prove that a doctor's standards are comparable to another doctor's. This is why it's essential to select a law firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.
It's not only doctors who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially true of emergency room staff, where mistakes are frequently made due to a hectic atmosphere and overworked employees. Your attorney may be able to secure testimony from experts in the emergency room who can explain what should have been done and how the actions of your doctor did not meet the standards.
Discovery
During the discovery process your lawyer will gather and examine evidence that may provide evidence to support a claim for malpractice. This includes medical records and witness statements, as in addition to expert testimony. The information may also be requested by the legal team opposing the case. This can be done via interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential because of privacy laws, for instance HIPAA's Privacy Rule.
You must also prove your injury was caused by the medical professional's negligence. This is the most difficult element of a medical negligence case as it requires an expert evidence to support your claim.
Your lawyer will also interview any witnesses that can support the doctor's negligence. 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 witnesses to admit that the doctor was negligent.
Most lawsuits are resolved, or settled before they reach the trial stage. For medical malpractice cases, this is especially common because the cost of going to trial can be expensive. Once the facts of your case are established, a settlement may be negotiated between you and the insurance company for the doctor. If a settlement isn't feasible the case will proceed to trial.
Trial
After your attorney completes the initial investigation and
malpractice lawsuit decides you have a solid malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant with a summons.
Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. The lawyer will use the statements to prove that your doctor violated the standards of care. The goal is to prove that the error resulted of the doctor's negligence and resulted in damages.
Your medical
malpractice law firm attorney will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their deposition and testify. They can also assist in preparing your case for trial.
Your lawyer will begin discussions on settlement with the defense during the preparation for trial. The process continues throughout the trial, and may last for several years. During this time, it is important that you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle the matter out of court whenever it is possible. Your lawyer will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement is reasonable then your lawyer will be able to convince you to accept it.
Damages
During the discovery phase, plaintiffs be required to prove that their losses are significant and that negligence on the part of the defendant caused these damages. If, for instance, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of leg, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held liable for negligence.
A victim may also demonstrate that a skilled lawyer could have prevented or mitigated the financial loss. This is sometimes called the "but for test". It is also essential to prove that the plaintiff has paid for expenses to pursue a legal claim, which is greater than the amount they seek in compensation.
Our medical malpractice attorneys can explain the different types of damages that may be given in a malpractice lawsuit, including past, current and future medical expenses, as also lost income or income, pain and discomfort and other non-economic loss. The more money you are awarded, the more serious injury. However, a decision that is successful is sometimes overturned on appeal. Therefore, settling out of court could be a beneficial option for certain clients. It can save money and time in litigation fees. It also helps avoid the risk of having a jury ruling on a case based upon emotions instead of facts.