Do Not Make This Blunder You re Using Your Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, malpractice attorney such as a deadline within which the lawsuit may be filed.

In addition to proving negligence, the claimant must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will submit a court complaint as well as summons when he/she has found evidence of malpractice. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare provider is obligated to a patient a standard of treatment. This is defined as the degree of competence and care that a reasonable medical professional who has similar training would exhibit in similar situations. Your legal team needs to show that your doctor violated this standard which resulted in injuries from which you sustained damages quantifiable.

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

Not only doctors can make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly relevant to emergency room personnel where mistakes are often made due to a busy environment and overworked employees. Your lawyer may be in a position to secure an expert opinion from the emergency room personnel who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

During the discovery process the attorney will collect and review evidence that could provide evidence to support a claim for malpractice. This includes medical records, witness statements expert testimony, and more. The information could 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, such as HIPAA's Privacy Rule.

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

Your lawyer will also question any witnesses that can prove the negligence of the doctor. This could include radiologists, dentists as well as nurses, assistants and others who were involved in the care of your health. Your lawyer will be proficient 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 resolved or settled, before they reach the trial stage. For medical malpractice cases this is the most common since the cost of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the doctor's insurer. If a settlement cannot be reached, the case may go to trial.

Trial

Your lawyer will file a formal complaint after completing the initial investigation. If they decide that you have a convincing case for malpractice, then they will file the complaint. The complaint will be clear in its allegations and will be served to the defendant along with a summons.

The next stage is discovery. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use the statements to prove that your doctor violated the standard of care. The aim is to demonstrate that the error was the result of the negligence of your doctor, and resulted in damages.

Aside from the witness statement, your medical malpractice attorney will work with two or three experts to support your claim. These experts will receive medical records and specific information about your case to prepare for their testimony and deposition. They may also help prepare your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can last for several years. During this time, you are recovering from your injuries and determining the extent of your injuries. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future settlement. If the settlement is reasonable your 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 caused those damages. For instance, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the surgery was successful, but the patient lost a limb in the process, then the medical professional could be held liable for malpractice.

To have a viable malpractice lawsuit, the victim must prove that a competent attorney could have been able reduce their financial loss, or at least minimize its size. This is sometimes referred to the "but for test". It is also essential to prove that the plaintiff incurred costs in pursuing a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be given in a malpractice lawsuit including past, current and future medical expenses as along with lost income, pain and discomfort, and other economic or non-economic loss. Generally, the more serious the injury, higher the award. A verdict that is successful could be rescinded by appeal. Settlements outside of court could be beneficial for a few clients. It can save money and time on litigation costs. It also eliminates the risk of having a jury deciding a case based on emotions rather than facts.