10 Things We All Hate About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines that must be met with a specific time frame during which the suit can be filed.

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

Complaint

If your attorney's probe has revealed evidence that a malpractice was committed, he will file a complaint with the court along with a summons. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers owe a patient a certain standard of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team has to prove that your doctor did not meet this standard and caused injuries to which you suffered quantifiable damages.

The standard of care for a doctor is often a matter of opinion, and it can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

Not only doctors make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are usually made due to a busy environment and overworked staff. 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 why your doctor was unable to meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might be used to support a malpractice claim. This includes medical records and witness statements as also expert testimony. The legal team on the other side will also have the option to request the information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. However, certain materials could be classified as confidential or privy because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult element of a medical negligence claim, as it requires expert testimony to back your claim.

Your lawyer will also interview any witnesses that can prove that the doctor's actions were negligent. This can include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will be adept at taking strong and effective depositions to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they go to trial. In medical malpractice cases this is the most 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 is not reached, your case may proceed to trial.

Trial

Your attorney will file a complaint following completing the initial investigation. If they decide that you have a convincing case for malpractice law firm, they will file the complaint. This will clearly state your allegations and be served on the defendant along with a summons.

Discovery is the next phase. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of the evidence to prove that your doctor acted in violation of the standard of care. The goal is to establish that the error malpractice was caused by the negligence of the doctor, and resulted in damages.

Aside from the witness statement, your medical malpractice attorney will also work with two or three expert witnesses to prove your claim. These experts will receive medical records and specific information about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process could last for several years. In this time, you'll be recovering from your injuries and determining the extent and value of your injuries. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement with your current and future settlement. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. If, for example, the doctor malpractice failed to inform the patient of the 30% risk that the procedure would result in the loss of a limb, and the surgery was perfect but the patient lost an arm or limb, the doctor may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent lawyer would have been able to avoid financial loss or at the very least, reduce the size. This is sometimes referred to the "but for test". It is also important to prove that the plaintiff has incurred expenses in the pursuit of a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the different types of damages that may be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and other economic and non-economic losses. The more money you are awarded the more serious the damage. A ruling that is deemed to be successful can be challenged by an appeal. Therefore, settling out of court could be a beneficial alternative for some clients. It can save money as well as time in court costs. It also helps avoid the risk of a jury deciding a case based on emotion instead of fact.