An Malpractice Litigation Success Story You ll Never Be Able To

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 could be filed.

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

Complaint

Your attorney will prepare a court-appointed complaint and summons once he or she has found evidence of malpractice. The complaint names the defendants in your case, and clearly outlines the allegations you are making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare professional owes a patient a minimum standard of care. This is the standard of competence and care reasonable doctors with similar training would use in similar situations. Your legal team has to prove that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

It can be a challenge to prove that a doctor's standards are comparable to another doctor's. This is why it's crucial to choose a law firm that has access to expert witnesses who can give testimony on the medical field and what reasonable professionals in your doctor's position would have done.

It's not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked staff. Your attorney might be able obtain evidence from experts in the emergency room who can help demonstrate what should have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements, as well as expert testimony. The information could also be requested by the opposing legal team. This usually happens through interrogatories as well as requests for production of documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also interview any witnesses that can prove the doctor's negligent actions. This could include assistants, nurses radiologists, dentists, and others who were involved in your care. Your lawyer will be adept in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is especially common in medical malpractice cases since the costs associated with a trial can be very high. After the facts of your case are established, a settlement can be agreed upon between you and the insurer of your doctor. If a settlement isn't feasible your case will proceed to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they find that you have a solid case for malpractice, they will file it. It will state clearly your allegations and will be served on the defendant along with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of the evidence to show that your doctor did not follow the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records and details about your case to prepare for their deposition and testimony. They may also help prepare your case for trial.

Your lawyer will initiate talks with the defense as part of the trial preparation. This process can last for many years. In this time, it is likely that you'll be recovering from your injuries while determining the amount and value of your injuries. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of limb, and the surgery was successful, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to stop their financial loss or at least minimize its size. This is often referred to as the "but for test". It is also important to show that the plaintiff incurred costs in pursuit of a successful legal claim that are in excess of the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses loss of income, suffering and other economic and non-economic losses. In general, the more severe the injury, higher the award. A decision that is found to be a success could be overturned by an appeal. Settlements that are not in court may be beneficial for certain clients. It can help save time and money on court costs, as well as avoiding the risk of having a jury judge an issue on the basis of emotion rather than fact.