How to File a Medical Malpractice Lawsuit
Medical malpractice suits are complicated. There are specific rules that must be followed including a time limit within which the suit may be filed.
In addition to the need to prove negligence, the plaintiff must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.
Complaint
If your attorney's probe has found evidence that fraud has occurred, he or she will file a complaint with the court along with a summons. The complaint identifies the defendants in your case and outlines the allegations you're making against them.
Malpractice claims are founded on the premise that doctors, nurses or other healthcare providers owe a patient an appropriate level of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer injury.
It can be a challenge to prove that a doctor's standards are the same as another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.
Not only physicians can make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is particularly true for emergency room staff where mistakes are caused by a busy environment and overworked staff. Your attorney may be able to secure testimony from experts in the emergency department who can provide evidence of what could have been done and how the actions of your doctor did not meet the standards.
Discovery
During the discovery stage your lawyer will collect and examine evidence that could prove a malpractice case. This includes medical records, witness statements as also expert testimony. These records can be requested by the legal team opposing the case. This is typically done through interrogatories and requests for production of documents. Certain documents could be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.
It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult part of a case involving medical negligence because it requires an expert testimony to support your claim.
Your lawyer can also question witnesses who can prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was a factor.
The majority of lawsuits are resolved or settled, before they get to the trial stage. In medical malpractice cases this is the most common because the cost of going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement is not reached, your case could be heard in court.
Trial
Your lawyer will file a complaint following an initial investigation. If they determine that you have a solid case for
malpractice law firm, then they will file it. The complaint will clearly state your allegations and will be served on the defendant, along with a summons.
Discovery is the next stage. This includes the exchange of medical records and depositions from witnesses. Your lawyer will use the statements to prove that the doctor did not follow the standard of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.
Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their testimony and deposition. They may also help in the preparation of your case for trial.
Your lawyer will begin discussions on settlement with the defense during the preparation for trial. This process continues throughout the trial and can sometimes last for several years. During this period, you will be recovering from your injuries and determining the size and amount of your damages. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs will need to prove that their losses are significant and that the negligence of the defendant contributed to these damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the procedure was flawless, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.
To have a viable
malpractice lawsuits suit, the plaintiff must prove that a competent lawyer could have been able to avoid financial loss or at least reduce its size. It is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred costs to pursue a legal claim, which is greater than the amount sought in compensation.
Our medical
malpractice lawyers are able to explain the various forms of damages that could be caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering and other non-economic losses. The more serious the injury, higher the award. However, a verdict that is deemed to be a success may be rescinded upon appeal. So, settling out of court may be a good option for certain clients. It can save time and money in court costs, as well as avoid the potential risk of having a jury decide a case based on the basis of emotion rather than fact.