It s The Evolution Of Malpractice Litigation

How to File a Medical Malpractice Lawsuit

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

The claimant must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons after he has discovered evidence of malpractice. The complaint will identify the defendants and malpractice make the allegations you bring against them.

Malpractice claims are founded on the idea that nurses, doctors and other healthcare providers are obligated to a patient an appropriate level of care. This is the level of skill and caution an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

The standard of care a physician provides is usually an issue of opinion, and it is often difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It is not just physicians who make medical errors; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly true of emergency room staff, as errors are usually due to a crowded environment and overworked workers. Your attorney might be able to secure testimony from experts in the emergency room that can assist in proving the correct procedure and how your doctor's actions did not meet this standard.

Discovery

During the discovery phase the attorney will collect and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The information could be requested by the opposing legal team. This usually happens through interrogatories and requests for production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most difficult component of a medical malpractice case since it requires expert evidence to support your claim.

Your lawyer will also depose witnesses who can prove the negligence of the doctor. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your attorney will be skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. In the case of medical malpractice this is particularly common as the costs of going to trial can be quite expensive. After the facts of your case have been established, a settlement can be discussed between you and your doctor's insurance company. If no settlement can be agreed upon, your case will be heard in court.

Trial

Your lawyer will file a complaint after having completed the initial investigation. If they decide that you have a convincing case for malpractice, then they will file it. This will clearly state the allegations and be sent to the defendant with a summons.

Discovery is the next phase. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove your doctor's breach of the standard of care. The objective is to establish that the error was the result of negligence on the part of the doctor and caused damage.

Apart from the witness's statement Your medical malpractice lawyer will also work with a couple of experts to support your claim. These experts will receive medical records as well as detailed information regarding your case, to prepare for their deposition and testify. They can also assist in preparing your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process continues throughout the course of the trial and can take up to years. In this time, it is likely that you will be recovering from your injuries and determining the amount and value of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to those damages. If, for instance, the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the procedure was successful, but the patient lost an arm in the process, then the medical professional could be held liable for negligence.

A victim can also prove that a skilled lawyer could have averted or reduced the 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 sought in compensation.

Our medical malpractice lawyers can provide an explanation of the different types of damages that can be granted in a malpractice case that include past, current and future medical expenses, as also loss of income as well as pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded, the more serious injury. However, a verdict that is deemed to be a success can sometimes be overturned upon appeal. So, settling out of court may be a beneficial alternative for some clients. It will help save time and money on litigation costs, aswell as avoid the potential risk of having a jury decide cases on the basis of emotions rather than fact.