by Patti GatesHow to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines that must be met with a specific time frame during which the suit can be filed.
The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
After your attorney’s investigation has found evidence that fraud occurred, the attorney will file a lawsuit in court, along with summons. The complaint will identify the defendants in your case and outlines the allegations you’re making against them.
Malpractice claims are founded on the premise that nurses, doctors or other healthcare professionals owe patients a certain standard of care. This standard is defined as the level of expertise and prudence that a reasonable medical professional with the same training would exhibit in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer quantifiable injury.
It isn’t easy to prove that a physician’s standards are the same as another doctor’s. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable doctor would have done.
It’s not just doctors who make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is especially relevant to emergency room personnel where mistakes are frequently caused by a hectic atmosphere and overworked workers. Your attorney may be able to secure an expert witness from the emergency room personnel who can demonstrate the circumstances that led to the incident and how your doctor failed to meet the standard.
Discovery
During the discovery stage the attorney will gather and review evidence that may support a malpractice case. This includes medical records, witness statements expert testimony and more. The information could be requested by the legal team opposing the case. This is usually done through interrogatories and requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, for instance HIPAA’s Privacy Rule.
It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most challenging aspect of a medical negligence case because it requires an expert witness testimony that supports your claim.
Your lawyer will also call any witnesses that can prove the doctor’s negligent actions. This could include radiologists dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your attorney will know how to take effective and powerful depositions to make these witnesses acknowledge that the doctor’s negligence was a factor.
Most lawsuits are settled before they reach trial. This is especially true in medical malpractice cases since the costs associated with trial can be high. Once the facts of your case have been established, a settlement can be agreed upon between you and the doctor’s insurance company. If a settlement isn’t attainable your case will proceed to trial.
Trial
When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly state your allegations and must be served to the defendant with a summons.
Discovery is the next stage. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these documents to prove your doctor’s breach of standard of care. The aim is to demonstrate that the error was caused by the negligence of your doctor, and caused damage.
Aside from the witness statement, your medical malpractice attorney will collaborate with two or three experts to support your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their deposition and testimony. They may also help in making your case ready for trial.
Your attorney will start settlement discussions with the defense as part of the preparation for trial. This process could last for several years. During this period, you will be recovering from your injuries and determining the size and amount of your damages. It is in everyone’s best interests to settle out of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs be required to prove that their losses are significant and that negligence on the part of the defendant has contributed to these damages. For example, if the doctor did not inform the patient that the surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice law firm.
To be able to bring a valid malpractice lawsuit, the victim must also show that a competent attorney would have been able to stop their financial loss or at the very least, reduce the amount. This is often referred to as the “but for” test. It is also essential to show that the plaintiff has incurred costs in the pursuit of a successful legal claim, which is higher than the amount demanded in compensation.
Our medical malpractice attorneys can provide an explanation of the different types of damages awarded in a case of malpractice, including past, current and future medical expenses as along with lost income as well as pain and discomfort and other non-economic losses. The more money you are awarded the more serious the damage. However, a successful verdict can sometimes be overturned upon appeal. Settlements that are not in court may be beneficial for a few clients. It can save money and time in litigation fees. It also helps avoid the risk of a juror choosing a case based on emotions instead of facts.