How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, including the time frame within which a lawsuit can be filed.
In addition to showing negligence, the claimant must show that the doctor’s actions caused injuries and losses. This will require hospital and medical documents.
Complaint
Your lawyer will submit a court complaint as well as summons if he or she has found evidence of misconduct. The complaint will identify the defendants and make the allegations against them.
Malpractice claims are based on the idea that a doctor, nurse or other healthcare professional owes a patient a certain standard of care. This is the standard of competence and care the reasonably prudent doctor with similar training would employ in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damage.
It can be difficult to prove that a physician’s standards are comparable to another doctor’s. This is why it’s essential to select a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in the same situation as your doctor would have done.
It is not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is especially true for emergency room staff where mistakes are frequently caused by a busy environment and overworked staff. Your lawyer may be able to secure testimony from experts in the emergency room who can provide evidence of the correct procedure and why your doctor’s actions did not meet the standards.
Discovery
During the discovery phase your lawyer will gather and look over evidence that might be used to support a malpractice lawyer claim. This could include medical records, witness statements as also expert testimony. The other side’s legal team will also have the option to request this information from you and your attorney. This usually happens through interrogatories and requests for production of documents. However, certain documents may be confidential or protected because of privacy laws such as 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 case involving medical negligence because it requires an expert evidence to support your claim.
Your lawyer will also call witnesses who can prove the doctor’s negligence. This can include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your lawyer will be proficient in preparing strong and persuasive depositions to get these witnesses to admit that the doctor’s negligence was not their fault.
Most lawsuits are settled prior to trial. This is especially true for medical malpractice cases, since the costs of trial can be high. Once the facts are established and you have a chance to negotiate an agreement with the insurer of the doctor. If a settlement is not reached, your case could proceed to trial.
Trial
When your lawyer has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your allegations and be served on the defendant along with a summons.
Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor’s violation of the standard of care. The aim is to demonstrate that the error was caused by the doctor’s negligence, and caused damages.
In addition to the witness statement Your medical malpractice lawyer will collaborate with one or two expert witnesses to prove your claim. These experts will receive medical records as well as detailed information about your case in preparation for their depositions and testimonies. They may also assist in preparing your case for trial.
As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can last for several years. During this period, you’ll be recovering from your injuries and determining the amount and value of your damages. It is in everyone’s best interests to settle outside of court and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.
Damages
During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused those damages. For example, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.
In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent lawyer could have been able avoid financial loss or at the very least, reduce the size. This is often referred to as the “but for” test. It is also necessary to show that the plaintiff has paid for expenses to pursue a legal claim, which is higher than the amount demanded in compensation.
Our medical malpractice lawyer lawyers are able to explain the various types of damages caused by a malpractice lawsuit including future, present and past medical expenses and lost income, as well as pain and suffering and other non-economic losses. The higher the award the more serious the damage. However, a decision that is successful could be reversed in appeal. Settlements outside of court may be beneficial for certain clients. It can save money as well as time on litigation costs. It also eliminates the risk of a juror making a decision based on emotion instead of fact.
