20 Myths About Malpractice Litigation: Busted

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to be followed including a certain time period within which the suit may be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

After your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a complaint with the court and issue summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the idea that a doctor or nurse or other healthcare provider is obligated to a patient a standard of care. This standard is defined as the degree of competence and care that a reasonably prudent medical professional trained similarly would exhibit in similar situations. Your legal team has to show that your doctor did not meet this standard and caused injuries to which you sustained damages quantifiable.

It can be challenging to prove that a doctor's standards are the same as another doctor's. This is why it's important to hire a law firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable professionals in your doctor's position would have done.

It is not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists can commit malpractice. This is especially true for emergency room personnel, where mistakes are often attributed to a chaotic environment and overworked staff. Your lawyer may be in a position to obtain an expert witness from the emergency room staff who can provide evidence of what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery phase the attorney will gather and review evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony, and more. These records can also be requested by the opposing legal team. This is done by interrogatories or requests for documents. Certain documents could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor's negligence. This is the most difficult aspect of a case involving medical negligence since it requires expert evidence to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will know how to take powerful and convincing depositions to ensure that witnesses to acknowledge that the doctor was negligent.

Most lawsuits are settled before going to trial. In the case of medical malpractice law firms this is particularly common since the cost of going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company of the doctor. If a settlement isn't attainable, your case will then go to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they conclude that you have a compelling case for malpractice, they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant in a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your lawyer will begin negotiations with the defense during the trial preparation. The process can take many years. During this time, you'll be recovering from your injuries while determining the amount and value of your damages. When you can, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement proposal with your current and future recovery. If the settlement offer is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that the negligence of the defendant contributed to these damages. For instance, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost a limb in the process, then the medical professional could be held responsible for negligence.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is often referred to as the "but for test". It is also required to prove that the plaintiff incurred costs to pursue a legal claim which are 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 could be sustained in a malpractice lawsuit including the past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. Generally, the more serious the injury, the more the amount of compensation. A verdict that is successful could be rescinded by appeal. Therefore, settling out of court can be an advantageous option for some clients. It will save money and time in litigation fees. It also helps avoid the risk of having a jury choosing a case based on emotions rather than facts.