10 Things We All Hate About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be adhered to including a specified time period within which the suit could be filed.

In addition to proving negligence, the person seeking compensation must prove that the doctor's actions resulted in losses and injuries. This will require medical and hospital records.

Complaint

After your attorney's investigation has found evidence that fraud occurred, the attorney will file a formal complaint in court along with a summons. The complaint will identify the defendants, and then state the allegations against them.

The basis for malpractice claims is the idea that a doctor malpractice lawyer or nurse or any other healthcare provider owes the patient a certain standard of care. This is the amount of expertise and prudence reasonable doctors who has similar training would apply in similar circumstances. Your legal team will have to show that your doctor breached this standard that resulted in injuries due to which you sustained quantifiable damages.

It can be difficult to prove that a doctor's standard is the same as another doctor's. This is why it's crucial to choose a law firm with access to experts who can give testimony on the medical field and what an experienced professional in the same situation as your doctor would have done.

It's not only doctors who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly true of emergency room staff, whose errors are usually due to a crowded environment and overworked workers. Your lawyer could be in a position to get an expert witness from the emergency room staff who can show what could have been done differently and the reason why your doctor failed to meet the standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might prove a malpractice claim. This includes medical records, witness statements, expert testimony, and more. This information can be requested by the opposing legal team. This can be done via interrogatories or requests for documents. However, certain materials may be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer can also question witnesses who can prove the doctor was negligent. This can include radiologists, dentists as well as nurses, malpractice lawyer assistants as well as other individuals who were involved in the care of your health. Your lawyer will be adept in taking effective and convincing depositions to get 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. In cases involving medical malpractice this is the most common as the costs of going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't possible the case will go to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant with the summons.

The next phase is discovery. The next stage involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the evidence to show that your doctor violated the standard of care. The goal is to show that the error was the result of the negligence of the doctor, and resulted in damages.

In addition to the witness statement Your medical malpractice lawyer will work with a couple of expert witnesses to prove your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. 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 magnitude of your damages. It's in everyone's best interest to settle your case outside of the courtroom and avoid litigation whenever feasible. Your attorney will carefully evaluate the merits of a settlement against your current and long-term recovery. If the settlement offer is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the surgery was performed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

A victim may also demonstrate that a competent lawyer could have averted or reduced the financial loss. This is sometimes referred to the "but for test". It is also necessary to demonstrate that the plaintiff was liable for costs to pursue a legal claim that is greater than the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that could be attained in a malpractice case including the past, present and future medical expenses loss of income, suffering and other non-economic losses. The more money you are awarded is, the more serious injury. However, a decision that is successful could be reversed on appeal. So, settling outside of court could be an advantageous option for certain clients. It could save money and time on court costs. It also reduces the risk of a jury making a decision based on emotion rather than fact.