Why Nobody Cares About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be adhered to with a specific time frame during which the suit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

After your attorney's investigation has discovered evidence of malpractice was committed, he will file a formal complaint in court and issue a summons. The complaint identifies the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are founded on the premise that nurses, doctors or other healthcare professionals owe patients the same level of care. This is the level of competence and care an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team must to show that your doctor violated this standard which resulted in injuries from which you suffered quantifiable damages.

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

It's not just doctors who make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often attributed to a hectic atmosphere and overworked employees. Your lawyer may be able to get testimony from experts in the emergency department who can explain what should have been done and how the actions of your doctor did not meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to be used to 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 obtain this information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be privileged or confidential because of privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligence. This could include radiologists, dentists, nurses, assistants and other personnel who were involved in the care of your health. Your lawyer will be adept at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before going to trial. In cases involving medical malpractice it is a common practice as the costs of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurer of the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

Your lawyer will file a complaint following having completed the initial investigation. If they conclude that you have a convincing case of malpractice, then they will file it. The complaint will be clear in its allegations and be served on the defendant, along with a summons.

The next phase is discovery. This includes the exchange of medical records and depositions from witnesses. Your lawyer will use these statements to prove the doctor's breach of standard of care. The aim is to prove that the error was a result of the doctor's negligence and resulted in damages.

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

Your lawyer will initiate discussions on settlement with the defense during the trial preparation. This process could last for many years. During this time, you are recovering from your injuries and determining how much of your damages. When you can, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and future recoveries. If the settlement is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant has contributed to these damages. For example, if the doctor did not inform the patient that the procedure had a 30% chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim may also demonstrate that a competent lawyer could have averted or reduced the financial loss. This is often referred to as the "but for test". It is also important to prove that the plaintiff has paid for expenses to pursue a legal claim, which is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the different types of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, suffering as well as other non-economic losses. The more money you are awarded the more serious the damage. However, a ruling that is successful may be rescinded in appeal. Settlements outside of court could be beneficial to some clients. It will save time and money in costs for litigation, as well as avoiding the possibility of having a jury decide an issue on the basis of emotion instead of facts.