It's The Malpractice Litigation Case Study You'll Never Forget

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, including a deadline within which a lawsuit can be filed.

The claimant also has to prove that the doctor's actions caused injuries and malpractice lawyer losses. This will require medical and hospital records.

Complaint

Your attorney will submit a court complaint as well as summons when he/she has discovered evidence of negligence. The complaint identifies the defendants in your case and outlines the allegations you are making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider is obligated to a patient a minimum standard of care. This is defined as the degree of skill and caution that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team will have to show that your doctor did not meet this standard and caused injuries to which you sustained damages quantifiable.

The standard of care a physician provides is often a matter of opinion, and it is often 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 reasonable medical professionals in your doctor's situation would have done.

Not only doctors can make mistakes, but so do hospital personnel, such as anesthesiologists and nurses. This is particularly true for emergency room staff, whose errors are usually due to the crazed atmosphere and overworked employees. Your lawyer could be able to secure an expert witness from the emergency room personnel who can show what could have been done differently and how your doctor failed to meet this standard.

Discovery

During the discovery stage your lawyer will collect and analyze evidence that could support a malpractice case. This includes medical records, witness statements as well as expert testimony. The information could be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. However, certain materials could be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also question any witnesses that can prove that the doctor's actions were negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions to get these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. In medical malpractice cases, this is especially common as the costs of going to trial can be expensive. Once the facts of your case are established, a settlement may be negotiated between you and the insurance company for the doctor. If a settlement isn't feasible the case will go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have an excellent malpractice attorneys case, they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant in a summons.

Discovery is the next step. The next phase involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the statements to prove that your doctor violated the standards of care. The goal is to prove that the error resulted of the doctor's negligence and caused damage.

Apart from the witness's statement Your medical malpractice lawyer will also work with a couple of expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They may also aid in preparing your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. This process could last for several years. During this time period, you are recovering from your injuries and determining how much of your losses. If you can, it is the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate 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% likelihood that the procedure will result in the loss of a limb, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional could be held accountable for malpractice attorney.

A victim could also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is commonly referred to as the "but for" test. It is also important to prove that the plaintiff has paid for expenses in pursuing a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses loss of income, pain and suffering as well as other non-economic losses. In general, the more serious the injury, the more the amount of compensation. However, a ruling that is successful is sometimes overturned upon appeal. Therefore, settling the case outside of court may be a good alternative for some clients. It will reduce time and cost in litigation costs, aswell as avoiding the possibility of having a jury judge an issue on the basis of emotions instead of fact.