10 Basics Regarding Malpractice Litigation You Didn t Learn At School

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines to follow, such as the time frame within which the lawsuit may be filed.

In addition to the need to prove negligence, the plaintiff must show that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

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

Malpractice claims are based on the premise that nurses, doctors and other healthcare providers owe a patient a certain standard of care. This is the standard of competence and prudence that a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must to prove that your doctor violated this standard, resulting in injuries from which you sustained damages quantifiable.

A physician's standard of care is usually a matter of opinion and is difficult to prove. This is why it's essential to select a law firm with access to experts who can testify about the medical field and what an experienced professional in your doctor's position would have done.

Not only doctors make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked workers. Your attorney might be able to get testimony from experts in the emergency room who can help demonstrate the correct procedure and how your doctor's actions did not meet this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and examine evidence that may support a malpractice claim. This could include medical records, witness statements as also expert testimony. The other side's legal team may also be able to request this information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult component of a medical malpractice case because it requires an expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the negligence of the doctor. This can include radiologists, dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer is skilled in preparing strong and persuasive depositions to get these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. In the case of medical malpractice it is a common practice due to the fact that going to trial can be quite expensive. Once the facts are established then you can negotiate a settlement with the insurer of the doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly state your allegations and must be served to the defendant with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to prove that your doctor did not follow the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with a couple of expert witnesses to support your claim. These experts will receive medical records and details regarding your case to prepare for their depositions and testimonies. They may also aid in making your case ready for trial.

Your lawyer will initiate negotiations with the defense team as part of the trial preparation. This process could last for several years. During this period, you will be recovering from your injuries while determining the size and amount of your damages. It's in everyone's interest to settle out of the court and avoid litigation as often as feasible. Your lawyer will carefully consider the merits of any settlement offer with your current and future recoveries. If the settlement offer is reasonable the lawyer will be able to convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant contributed to those damages. If, for example, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of leg, and the procedure was successful, but the patient lost a limb, then the medical professional could be held responsible for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced the financial loss. This is often referred to as the "but for" test. It is also essential to prove that the plaintiff incurred costs in pursuing a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various forms of damages caused by a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering as well as other non-economic losses. The more money you are awarded the more serious the damage. A verdict that is successful could be challenged by an appeal. So, settling outside of court could be an advantageous option for certain clients. It could save money and time in litigation fees. It also eliminates the possibility of a jury making a decision based on emotions rather than facts.