How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are certain rules that must be followed including a certain time period within which the suit could be filed.
In addition to showing negligence, the claimant must show that the doctor’s actions resulted in losses and injuries. This will require hospital and medical documents.
Complaint
Your lawyer will file a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations you have made against them.
malpractice lawsuits claims are founded upon the belief that nurses, doctors and other healthcare professionals owe patients an appropriate level of care. This standard is the level of competence and care an appropriately prudent doctor with similar training would employ in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.
It can be challenging to prove that a physician’s standards are comparable to another doctor’s. This is why it is crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what an experienced professional in your situation would have done.
It is not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially true of emergency room personnel, where mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency room who can provide evidence of what could have been done and how your doctor’s actions did not meet the standards.
Discovery
During the discovery process the attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements as also expert testimony. The legal team of the other side will also have the option to obtain this information from you and your attorney. This usually happens through inquiries and requests for production of documents. However, certain materials could be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove your injury was the result of a medical professional’s negligence. This is the most difficult part of a case involving medical negligence since it requires expert testimony to back your claim.
Your lawyer will also interview witnesses to prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, nurses and other people who were involved in the treatment of your health. Your attorney will know how to take powerful and effective depositions so that these witnesses admit that the doctor was negligent.
The majority of lawsuits are settled before they reach trial. This is especially true in medical malpractice cases as the costs associated with the trial process can be high. Once the facts of your case have been established, a settlement could be discussed between you and your insurance company of the doctor. If no settlement can be reached, your case could be heard in court.
Trial
Your lawyer will file a lawsuit after an initial investigation. If they find that you have a convincing case for malpractice, they will file the complaint. This will clearly state your claims and will be served on the defendant along with a summons.
Discovery is the next step. This includes the exchange of medical records and depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damages.
Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will receive medical records and details regarding your case to prepare for their depositions and testimony. They may also assist in preparing your case for trial.
Your lawyer will begin talks with the defense during the preparation for trial. The process continues throughout the course of the trial and may last for many years. In this time, you will be recovering from your injuries while determining the amount and value of your losses. When you can, it’s beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement is reasonable, then your lawyer will advise you to accept it.
Damages
During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant caused these damages. If, for example, the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a leg, and the surgery was successful, but the patient lost a limb in the process, then the medical professional may be held accountable for negligence.
To have a viable malpractice suit, the plaintiff must also show that a competent lawyer would have been able to avoid financial loss or at least reduce the size. This is often referred to as the “but for” test. Additionally, it is required to prove that the plaintiff has incurred expenses in pursuit of a successful legal claim which are greater than the amount demanded as compensation.
Our medical malpractice lawyers are able to explain the various types of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other non-economic losses. In general, the more serious the injury, higher the amount of compensation. However, a decision that is successful could be reversed when appealed. Settlements outside of court may be advantageous for some clients. It can save money and time in court costs. It also helps avoid the risk of a jury making a decision based on emotion instead of fact.
