How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complicated. There are specific rules that must be followed with a specific time frame during which the suit can be filed.
The claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.
Complaint
When your attorney’s inquiry has uncovered evidence that malpractice lawyer has occurred, he or she will file a formal complaint in court, along with summons. The complaint will name the defendants and describe the allegations you bring against them.
Malpractice claims are based on the premise that nurses, doctors or other healthcare providers are obligated to a patient a certain standard of care. This is the level of competence and prudence that reasonable doctors with similar training would use in similar situations. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable harm.
It can be a challenge to prove that a doctor’s standard is the same as another doctor’s. This is why it’s crucial to choose a law firm that has access to experts who can give testimony on the medical field and what reasonable professionals in your situation would have done.
It’s not just doctors who make medical errors; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is especially relevant to emergency room personnel where mistakes are often made due to a busy atmosphere and overworked personnel. Your lawyer may be able to obtain testimony from experts in the emergency room who can explain the correct procedure and how the actions of your doctor did not meet the standards.
Discovery
During the discovery phase the attorney will collect and malpractice lawyer examine evidence that may prove a malpractice lawyer claim. This includes medical records and witness statements, as also expert testimony. This information can be requested by the opposing legal team. This is typically done via interrogatories and requests for production of documents. Certain materials may be privileged and secret due to privacy laws, like HIPAA’s Privacy Rule.
You must also prove your injury is due to negligence by the doctor. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that supports your claim.
Your lawyer will also question witnesses who can prove the doctor’s negligence. This includes radiologists, dentists nurses, assistants, nurses and others who were involved in the care of your health. Your lawyer will be adept in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled before going to trial. For medical malpractice cases this is the most common since the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor’s insurer. If a settlement cannot be reached the case will proceed to trial.
Trial
When your lawyer has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your claims and will be served to the defendant along with a summons.
Discovery is the next stage. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these documents to prove your doctor’s breach of standard of care. The objective is to prove that the error resulted of negligence by the doctor and caused damage.
Aside from the witness statement Your medical malpractice lawyer will also work with one or two expert witnesses to prove your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.
As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. The process can take several years. In this time, you are recovering from your injuries and determining the extent of your losses. It’s in everyone’s best interest to settle out of court whenever feasible. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement is reasonable and fair, 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 the negligence of the defendant caused these damages. For example, if the doctor did not inform the patient that a surgery had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held liable 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 would have been able to prevent their financial loss or at least minimize the size. This is sometimes referred to as the “but for” test. Additionally, it is essential to prove that the plaintiff was liable for costs in the pursuit of a legal claim which are greater than the amount sought for compensation.
Our medical malpractice lawyers are able to explain the various types of damages awarded in a malpractice case, including past, current and future medical expenses, malpractice Lawyer as in addition to lost income or income, pain and discomfort and other economic or non-economic losses. In general, the more serious the injury, the more the award. However, a decision that is successful may be rescinded upon appeal. Therefore, settling the case outside of court can be a beneficial option for a few clients. It can save time and money in litigation fees, as well as avoiding the possibility of having a jury decide a case based on the basis of emotions instead of facts.