Ten Things Your Competitors Help You Learn About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain guidelines that must be met including a specified time period in which the suit can 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 hospital and medical documents.

Complaint

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

Malpractice claims are based on the belief that a physician or healthcare provider owes the patient a certain standard of care. This is defined as the amount of competence and care that a reasonably prudent medical professional with similar training would exhibit in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable injury.

The standard of care a physician provides is usually a matter of opinion, and is difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

Not only physicians can make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is particularly the case for emergency room personnel where mistakes are frequently caused by a busy environment and overworked employees. Your lawyer could be able to obtain experts from emergency room personnel who can show what should have happened and why your doctor malpractice was unable to meet the standard.

Discovery

During the discovery process the attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical records and witness statements as in addition to expert testimony. This information can also be requested by the opposing legal team. This is usually done through interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most difficult part of a medical negligence case as it requires an expert evidence to support your claim.

Your lawyer will also question witnesses who can demonstrate that the doctor's actions were negligent. This can include radiologists, dentists as well as nurses, Malpractice assistants and other people who were involved in the care of your health. Your attorney will know how to take powerful and effective depositions in order to get witnesses to acknowledge that the doctor's negligence.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially common in medical los angeles malpractice attorney cases since the cost of trial can be high. Once the facts of your case have been established, a settlement could be discussed between you and your insurance company of the doctor. If no settlement can be reached, your case could go to trial.

Trial

Your lawyer will file a complaint following having completed the initial investigation. If they decide that you have a strong case for malpractice, then they will file it. The complaint will clearly state your allegations and must be served to the defendant with a summons.

Discovery is the next stage. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidences to prove your doctor's violation of the standard of care. The goal is to show that the error was caused by the negligence of the doctor, and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records and details regarding your case, to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

Your lawyer will initiate settlement discussions with the defense as part of the preparation for trial. This process continues throughout the case and can sometimes last for years. During this time, you will be recovering from your injuries and determining the amount and value of your damages. It is in everyone's best interests to settle your case outside of the courtroom and avoid litigation whenever possible. Your attorney will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement offer seems reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. For instance, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the procedure was flawless, but the patient lost an arm and limb, then the medical professional may be held accountable for negligence.

To be able to bring a valid malpractice suit, the plaintiff must also show that a competent attorney could have helped stop their financial loss or at a minimum, lessen the amount. This is often referred to as the "but for test". It is also important to prove that the plaintiff has incurred costs in pursuing a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice attorneys can explain the different types of damages that could be awarded in a case of malpractice including past, current and future medical expenses as in addition to lost income or income, pain and discomfort and other economic or non-economic losses. The more serious the injury, the more the amount of compensation. However, a ruling that is successful could be reversed on appeal. Therefore, settling out of court can be an advantageous alternative for some clients. It can save money as well as time on court costs. It also eliminates the risk of a juror choosing a case based on emotion rather than fact.