Malpractice Litigation: The Evolution Of Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to be followed with a specific time frame during which the suit can be filed.

The claimant must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will submit a court complaint as well as summons once he or she has found evidence of malpractice. The complaint names the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are based on the premise that nurses, doctors, or other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the level of expertise and prudence that a reasonable medical professional who has similar training would exhibit in similar situations. Your legal team must to prove that your doctor violated this standard and caused injuries to which you suffered quantifiable damages.

It can be difficult to prove that a physician's standards are the same as another doctor's. This is why it is important to work with a legal firm that has access to expert witnesses who can testify about the medical field and what reasonable medical professionals in your doctor's situation would have done.

Not only doctors make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff, whose mistakes are often attributed to a crowded environment and overworked staff. Your lawyer could be able to get experts from emergency room staff who can explain what could have been done differently and how your doctor failed to meet the standard.

Discovery

In the discovery phase, your attorney will collect and review evidence that may prove a malpractice law firm case. This includes medical documents, witness statements expert testimony, and more. This information can be requested by the opposing legal team. This usually happens through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privy 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 challenging part of a medical malpractice case because it requires an expert witness testimony that supports your claim.

Your lawyer will also depose witnesses who can demonstrate that the doctor's actions were negligent. This can include radiologists, dentists nurses, assistants, and other personnel who were involved in the care of your health. Your lawyer will be proficient in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is especially common in medical malpractice cases as the costs of a trial can be extremely expensive. Once the facts are established you can negotiate an agreement with the insurer of the doctor. If a settlement isn't feasible your case will go to trial.

Trial

Your lawyer will file a lawsuit after conducting the initial investigation. If they decide that you have a compelling case for malpractice, they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

Discovery is the next stage. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to prove that your doctor did not follow the standard of care. The goal is to establish that the error was the result of the negligence of the doctor, and caused damages.

Apart from the witness's statement, your medical malpractice attorney will work with two or three experts to support your claim. These experts will receive medical records and malpractice attorney all the details regarding your case in order to prepare for their deposition and testimony. They may also aid in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. The process continues throughout the case and may last for several years. In this time, you are recovering from your injuries and determining the extent of your injuries. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recoveries. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in those damages. If, for example, the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was flawless, but the patient lost a limb, then the medical professional could be held liable for malpractice.

In order to have a legitimate legal action, the defendant must also show that a competent attorney could have helped prevent their financial loss or at the very least, reduce the size. This is often referred to as the "but for" test. It is also important to show that the plaintiff has incurred costs in the pursuit of a successful legal claim, which are more than the amount sought in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be caused by a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering and pain and malpractice Attorney suffering, and other non-economic losses. In general, the more severe the injury, the higher the award. A successful verdict may be overturned through an appeal. So, settling outside of court may be a beneficial alternative for some clients. It can save time and money on costs for litigation, as well as avoiding the possibility of having a jury judge cases on the basis of emotion rather than facts.