Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be adhered to with a specific time frame within which the suit may be filed.

The claimant must also demonstrate that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Once your attorney's investigation has discovered evidence of malpractice was committed, he will file a complaint in court along with a summons. The complaint will name the defendants and describe the allegations you make against them.

The basis for malpractice claims is the belief that a physician or healthcare provider owes a patient a minimum standard of care. This standard is defined as the amount of skill and caution that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must to prove that your doctor violated this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

A physician's standard of care is often a matter of opinion, and it can be difficult to prove. It is crucial to employ 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.

It's not just doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can commit malpractice. This is especially relevant to emergency room personnel where mistakes are frequently made due to a busy environment and overworked employees. Your attorney may be able to get testimony from experts in the emergency room who can help demonstrate the proper procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may prove a malpractice claim. This includes medical records and witness statements as well as expert testimony. These records can be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most difficult component of a medical negligence case since it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligence. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will be adept in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are settled before they reach trial. This is especially true in medical malpractice cases as the costs of trial can be high. After the facts of your case have been established, a settlement could be negotiated between you and the insurer of your doctor. If a settlement isn't possible the case will proceed to trial.

Trial

Your lawyer will file a lawsuit after an initial investigation. If they determine that you have a compelling case for malpractice, then they will file it. The complaint will clearly state the allegations and be sent to the defendant in a summons.

The next step is discovery. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove your doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of the doctor and resulted in damages.

In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will collaborate with two or more expert witnesses to support your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimony. They can also assist you in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. The process can take many years. During this time, you are recovering from your injuries and determining the extent of your injuries. It's in everyone's best interest to settle the matter out of the court and avoid litigation as often as possible. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement offer is reasonable the lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of limb, and the surgery was perfect, but the patient lost an arm and limb, then the medical professional could be held liable for malpractice.

To be able to bring a valid legal action, the defendant must also show that a competent attorney could have helped reduce their financial loss, or at least reduce the amount. This is sometimes called the "but for test". In addition, it is important to show that the plaintiff has incurred expenses to pursue a legal claim that is in excess of the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering and Malpractice Attorney other non-economic losses. The higher the award the more serious the damage. However, a verdict that is deemed to be a success can sometimes be overturned when appealed. Settlements outside of court could be beneficial to some clients. It will save time and money on litigation costs, aswell as avoiding the risk of having a jury decide cases on the basis of emotion rather than facts.