20 Fun Facts About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice law firm lawsuits are a bit more complicated. There are certain guidelines that must be met including a time limit in which the suit can be filed.

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

Complaint

If your attorney's probe has revealed evidence that a malpractice was committed, he will file a complaint in court, along with 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 upon the belief that nurses, doctors or other healthcare professionals owe patients an appropriate level of care. This standard is defined as the level of care and skill that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable damage.

A physician's standard of care is often a matter of opinion, and is often difficult to prove. This is why it is important to hire a law firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly true of emergency room staff, as errors are usually due to a crowded environment and overworked workers. Your lawyer may be able to obtain an expert opinion from the emergency room staff who can explain what should have happened and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase your lawyer will collect and review evidence that could help in proving a malpractice case. This could include medical records, witness statements as also expert testimony. The other side's legal team may also be able to request the information from you and your attorney. This is usually done through interrogatories and malpractice lawyer requests for production of documents. However, certain materials could be classified as confidential or privileged due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of your doctor. This is the most difficult part of a medical malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This includes radiologists, dentists nurses, assistants, and other people who were involved in the treatment of your health. Your attorney will know how to conduct powerful and convincing depositions in order to get witnesses to acknowledge that the doctor's negligence.

Most lawsuits are settled prior to trial. In medical malpractice cases it is a common practice as the costs of going to trial can be expensive. After the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If a settlement isn't feasible the case will go to trial.

Trial

Your attorney will file a lawsuit after having completed the initial investigation. If they conclude that you have a solid case of malpractice, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant along with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The objective is to prove that the error resulted of the doctor's negligence and caused damage.

In addition to the witness statement Your medical malpractice lawyer will also work with two or more expert witnesses to back up your claim. These experts will receive medical records and specific information about your case to prepare for their deposition and testimony. They may also help in the preparation of your case for trial.

Your attorney will begin discussions on settlement with the defense team as part of the preparation for trial. This process can go on for several years. In this time, it is likely that you will be recovering from your injuries and determining the extent and value of your injuries. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully evaluate the advantages of a settlement offer against your current and malpractice lawyer long-term recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb. If the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

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. It is also required to prove that the plaintiff has incurred expenses to pursue a legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the different types of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, pain and suffering and other economic and non-economic losses. The more serious the injury, the more the award. A decision that is found to be a success could be overturned through an appeal. So, settling out of court may be a good option for some clients. It will save money and time in litigation fees. It also reduces the risk of a jury ruling on a case based upon emotions rather than facts.