How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complex. There are specific guidelines to follow, including a time limit within which the lawsuit may be filed.
The plaintiff must also prove that the doctor’s actions led to injuries and losses. This will require medical and hospital documents.
Complaint
If your attorney’s probe has found evidence that fraud was committed, he will file a lawsuit in court and issue a summons. The complaint names the defendants in the case and outlines the allegations you are making against them.
Malpractice claims are based on the idea that a doctor or nurse or other healthcare professional owes a patient a minimum standard of care. This is defined as the amount of care and skill that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable damages.
The standard of care for a doctor is often an issue of opinion and is difficult to prove. This is why it is important to hire a law firm that has access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor’s situation would have done.
It’s not only doctors who make medical errors; hospital staff members, like nurses and anesthesiologists can commit malpractice. This is especially relevant to emergency room personnel where mistakes are often caused by a busy atmosphere and overworked personnel. Your lawyer may be able to obtain testimony from experts in the emergency department who can explain what should have been done and why your doctor’s actions did not meet this standard.
Discovery
During the discovery process, your attorney will gather and examine evidence that may support a malpractice claim. This includes medical records and witness statements, as in addition to expert testimony. The legal team on the other side will also have the option to obtain this information from you and your attorney. This usually happens through interrogatories and requests for production of documents. However, certain documents may be classified as confidential or privileged because of privacy laws like HIPAA and its Privacy Rule.
You must also prove your injury is the result of the negligence of the doctor. This is the most challenging part of a malpractice case because it requires an expert witness testimony to support your claim.
Your lawyer will also call witnesses who can demonstrate the doctor’s negligence. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions to ensure that these witnesses admit that the doctor was negligent.
Most lawsuits are settled prior to trial. This is particularly true for medical malpractice cases, since the costs associated with a trial can be very high. After the facts of your case have been established, a settlement could be agreed upon between you and the insurance company for the doctor. If a settlement cannot be agreed upon, your case will be heard in court.
Trial
After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant along with a summons.
Discovery is the next step. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these evidences to prove the doctor’s breach of standard of care. The objective is to prove that the error was a result of negligence by the doctor and caused damage.
In addition to the witness statement Your medical Malpractice Lawyer (Highwave.Kr) will collaborate with two or three expert witnesses to back up your claim. These experts will receive medical records and all the details about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.
As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. The process can take several years. In this time, it is likely that you’ll be recovering from your injuries while determining the magnitude and value of your injuries. When you can, it’s beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement offer seems reasonable, then your lawyer will encourage to accept it.
Damages
During the discovery phase, plaintiffs will need to prove that their losses are substantial and that the negligence of the defendant has caused these damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost a limb in the process, then the medical professional may be held accountable for negligence.
A victim may also show that a skilled lawyer could have prevented or minimized their financial loss. This is sometimes referred to 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 sought for compensation.
Our medical malpractice lawyers can explain the various types of damages that can be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The greater the amount of money awarded is, the more serious injury. A successful verdict may be challenged by an appeal. Settlements outside of court can be beneficial for certain clients. It can save time and money on litigation fees, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotion instead of fact.
