Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

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

In addition to showing negligence, the claimant must show that the actions of the doctor resulted in injuries and losses. This will require hospital and medical records.

Complaint

After your attorney's investigation has revealed evidence that a malpractice has occurred, he or she will file a formal complaint in court, along with summons. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice claims is the idea that a doctor or healthcare professional owes a patient a standard of care. This is defined as the amount of expertise and prudence that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

The standard of care a physician provides is usually an issue of opinion and is difficult to prove. This is why it is essential to select a law firm with access to experts 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 only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is especially the case for emergency room personnel where mistakes are often caused by a hectic environment and overworked staff. Your lawyer could be in a position to obtain experts from emergency room personnel who can show what should have happened and malpractice attorney why your doctor was unable to meet this standard.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and review evidence that may prove a malpractice case. This could include medical records, witness statements as and expert testimony. The other side's legal team may also be able to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult part of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your lawyer will be proficient in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before going to trial. In medical malpractice cases this is particularly common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't reached, the case may be heard in court.

Trial

Your lawyer will file a complaint following completing the initial investigation. If they conclude that you have a convincing case of malpractice, then they will file it. The complaint will clearly state your claims and will be served to the defendant with a summons.

Discovery is the next phase. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of your doctor, and resulted in damages.

In addition to the witness's testimony In addition to the witness statement, your medical malpractice attorney will collaborate with one or two expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case to prepare for their depositions and testimonies. They may also aid in preparing your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process can last for several years. During this period, you will be recovering from your injuries while determining the amount and value of your injuries. It's in everyone's interest to settle outside of court and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in those damages. For example, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced their financial loss. This is commonly referred to as the "but for" test. It is also required to prove that the plaintiff incurred costs in pursuit a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be awarded in a case of malpractice, including past, current and future medical expenses as in addition to lost income and pain and malpractice attorney discomfort and other non-economic loss. In general, the more serious the injury, the more the award. However, a ruling that is successful may be rescinded when appealed. Settlements outside of court could be beneficial to some clients. It can save time and money in litigation costs, aswell as avoid the potential risk of having a jury judge cases on the basis of emotions rather than fact.