20 Trailblazers Leading The Way In Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to follow, including the time frame within which the lawsuit can be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

After your attorney’s investigation has uncovered evidence that malpractice occurred, the attorney will file a complaint with the court, along with a summons. The complaint will name the defendants and describe the allegations you have made against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider is obligated to a patient a certain standard of care. This is the level of skill and caution an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team must to prove that your doctor breached this standard that resulted in injuries due to which you sustained damages quantifiable.

A physician’s standard of care is often a matter of opinion, and is often difficult to prove. This is why it is important to work with a legal firm that has access to expert witnesses who can provide testimony about the medical field and what a reasonable professional in the same situation as your doctor would have done.

It’s not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is particularly true for emergency room staff, whose mistakes are frequently made due to a hectic atmosphere and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency room that can assist in proving the proper procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical records and witness statements, as also expert testimony. This information can be requested by the legal team opposing the case. This is usually done through interrogatories and requests for the production of documents. Certain documents may be considered to be confidential and secret due to privacy laws, like HIPAA’s Privacy Rule.

You must also prove that your injury was caused by the negligence of the doctor. This is the most difficult aspect of a medical negligence claim as it requires an expert testimony to support your claim.

Your lawyer will also call witnesses who can demonstrate that the doctor’s actions were negligent. This can include radiologists, dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will know how to conduct effective and Malpractice attorney powerful depositions to make these witnesses admitting that the doctor was negligent.

Most lawsuits are settled prior to trial. In cases involving medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts are established, you can negotiate an agreement with the doctor’s insurer. If a settlement isn’t possible your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have an excellent malpractice law firms case, they will file the complaint. The complaint will be clear in its allegations and be served to the defendant with a summons.

The next phase involves discovery. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The goal is to show that the error was the result of the negligence of the doctor and caused damages.

Aside from the witness statement, your medical malpractice attorney will also work with two or malpractice attorney three expert witnesses to back up your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They may also help 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 many years. In this time, you will be recovering from your injuries while determining the extent and value of your injuries. When you can, it’s the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement proposal is reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of a limb, and the surgery was flawless, but the patient lost an arm, then the medical professional may be held accountable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must also prove that a competent lawyer would have been able to prevent their financial loss or at a minimum, lessen its size. This is commonly referred as the «but for» test. It is also necessary to prove that the plaintiff has paid for expenses to pursue a legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering as well as other non-economic losses. Generally, the more serious the injury, higher the award. A ruling that is deemed to be successful can be overturned by an appeal. Settlements outside of court could be advantageous for some clients. It can save money and time in litigation fees. It also eliminates the risk of a jury choosing a case based on emotion instead of fact.