10 Facts About Malpractice Litigation That Will Instantly Set You In A Positive Mood

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines that must be met including a time limit within which the suit may be filed.

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

Complaint

Your attorney will prepare a court-appointed complaint and summons when he/she has found evidence of malpractice. The complaint will identify the defendants and state the allegations you bring against them.

The basis for malpractice claims is the idea that a doctor or nurse or other healthcare provider owes the patient a certain standard of care. This is the amount of competence and prudence that an appropriately prudent doctor with similar training would employ in similar situations. Your legal team will have to show that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.

A doctor's standard of care is usually a matter of opinion, and is often difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify on what a reasonable doctor would have done.

It's not just doctors who make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are frequently caused by a busy atmosphere and overworked personnel. Your lawyer may be able to get testimony from experts in the emergency department that can assist in proving the proper procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase the attorney will collect and review evidence that could support a malpractice claim. This includes medical records, witness statements, as also expert testimony. The other side's legal team will also have the option to obtain this information from you and your attorney. This usually happens through interrogatories and requests for production of documents. Certain materials could be protected and secret due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult part of a medical malpractice case, as it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your attorney will be skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled, before they reach the trial stage. For medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. Once the facts are established, you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't agreed upon, your case will be heard in court.

Trial

Your lawyer will file a complaint after conducting the initial investigation. If they find that you have a compelling case for malpractice, then they will file it. The complaint will be clear in its allegations and be served to the defendant with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will work with two or more expert witnesses to back up your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your attorney will start negotiations with the defense as part of the preparation for trial. This process continues throughout the course of the trial and can last for years. In this time, it is likely that you'll be recovering from your injuries while determining the extent and value of your losses. It's in everyone's interest to settle out of court whenever feasible. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement is fair, your lawyer will encourage 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 example, 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 surgery was flawless, but the patient lost a limb, then the medical professional could be held responsible for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced the financial loss. This is sometimes called the "but for test". It is also essential to show that the plaintiff has paid for expenses in pursuit a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice attorneys can explain the different types of damages given in a malpractice lawsuit, including past, current and future medical expenses as well as loss of income as well as pain and discomfort and other economic or non-economic losses. Generally, the more serious the injury, the greater the award. A verdict that is successful could be overturned through an appeal. Settlements outside of court can be beneficial for certain clients. It could save money and time on litigation costs. It also helps avoid the risk of a jury making a decision based on emotions rather than facts.