Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to follow, for example a time limit within which the lawsuit can be filed.

In addition to showing negligence, 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 make a court complaint and summons once he or she has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider owes a patient a standard of care. This is the standard of skill and Malpractice Lawsuit caution an appropriately prudent doctor who has similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable damages.

It can be challenging to prove that a doctor's standard is the same as another doctor's. It is important to hire an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.

It is not just physicians who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is especially true of emergency room staff, whose mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be able to get an expert opinion from the emergency room personnel who can explain what could have been done differently and how your doctor failed to meet this standard.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and review evidence that could help in proving a malpractice case. This includes medical records and witness statements as also expert testimony. The other side's legal team may also be able to request this information from you and your attorney. This is done by interrogatories or requests for documents. However, certain materials may be classified as confidential or privy due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligence of the 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 call witnesses that can prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, as well as other individuals who were involved in the treatment of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. This is particularly true for medical malpractice cases, since the cost of the trial process can be high. Once the facts are established and you have a chance to negotiate a settlement with the insurance company of the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant along with the summons.

Discovery is the next step. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and caused damage.

In addition to the witness statement, your medical malpractice attorney will also work with two or more expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testify. They may also aid in the preparation of your case for trial.

Your attorney will begin discussions on settlement with the defense team as part of the preparation for trial. This process continues throughout the trial, and may last for many years. During this time period, you are recovering from your injuries and determining the extent of your injuries. It's in everyone's interest to settle your case outside of court whenever possible. Your attorney will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement proposal is reasonable the attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that the negligence of the defendant contributed to these damages. If, for instance, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of a arm, and the operation was perfect but the patient lost a limb and limb, then the medical professional could be held liable for negligence.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent attorney could have been able to avoid financial loss or at a minimum, lessen the amount. This is commonly referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses to pursue a successful legal claim that is greater than the amount sought for compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded the more serious the injury. A successful verdict may be overturned by an appeal. Therefore, settling the case outside of court could be a viable alternative for some clients. It could save money and time on litigation costs. It also eliminates the risk of a jury ruling on a case based upon emotion instead of fact.