Guide To Malpractice Litigation: The Intermediate Guide In Malpractice Litigation
How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed including a certain time period during which the suit can be filed.
In addition to proving negligence, the person seeking compensation must show that the actions of the doctor led to injuries and losses. This will require hospital and medical documents.
Complaint
Once your attorney's investigation has uncovered evidence that malpractice law firm occurred, he or she will file a complaint with the court along with a summons. The complaint will name the defendants and describe the allegations against them.
Malpractice claims are based on the notion that a doctor or healthcare provider owes a patient a standard of care. This is defined as the amount of expertise and prudence that a reasonable medical professional with the same training could exercise in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer injury.
It can be challenging to prove that a physician's standard is the same as another doctor's. This is why it is essential to select a law firm with access to experts who can give testimony on the medical field and what reasonable professionals in the same situation as your doctor would have done.
Not only physicians can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are frequently due to a crowded environment and overworked staff. Your attorney may be able to secure testimony from experts in the emergency department that can assist in proving the correct procedure and why your doctor's actions did not meet this standard.
Discovery
During the discovery process during the discovery phase, your lawyer will gather and review evidence that may help in proving a malpractice case. This includes medical records, witness statements as and expert testimony. The information could also be requested by the legal team opposing the case. This is usually done through interrogatories and requests for the production of documents. Certain documents could be classified as confidential or privy because of privacy laws like HIPAA and its Privacy Rule.
You must also prove that your injury is the result of the negligence of the doctor. This is the most difficult part of a medical malpractice claim because it requires expert witness testimony that supports your claim.
Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include assistants, nurses radiologists, dentists, and others who were involved in your care. Your lawyer will be proficient at taking strong and effective depositions that force these witnesses to admit that the doctor's negligence was a factor.
Most lawsuits are resolved, or settled, before they reach the trial stage. In medical malpractice cases it is a common practice as the costs of going to trial can be expensive. Once the facts of your case have been established, a settlement may be discussed between you and your insurance company of the doctor. If a settlement isn't attainable the case will proceed to trial.
Trial
Your lawyer will file a complaint following an initial investigation. If they conclude that you have a convincing case for malpractice, then they will file it. It will state clearly your allegations and will be served on the defendant along with a summons.
The next phase involves discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and caused damage.
In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will also work with one or two expert witnesses to support your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their deposition and testimony. They can also assist in preparing your case for trial.
As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process can last for several years. In this time, you are recovering from your injuries and determining how much of your injuries. If you can, it is in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recoveries. If the settlement offer is reasonable the lawyer will be able to convince you to accept it.
Damages
During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a arm, and the operation was successful, but the patient lost an arm or limb, the doctor could be held liable for malpractice.
A victim may also show that a skilled lawyer could have averted or reduced the financial loss. This is commonly referred to as the "but for" test. In addition, it is essential to prove that the plaintiff has incurred expenses to pursue a successful legal claim that are more than the amount sought for compensation.
Our medical malpractice attorneys can explain the various kinds of damages that may be granted in a malpractice case, including past, current and future medical expenses, as also loss of income, pain and discomfort, and other economic or non-economic losses. The higher the amount the more serious the injury. A successful verdict may be overturned through an appeal. Therefore, settling out of court can be an advantageous alternative for some clients. It will reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury decide cases on the basis of emotion rather than fact.