10 Things We All Are Hateful About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice law firm suits are complex. There are specific guidelines to follow, for example the time frame within which the lawsuit can be filed.

The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

If your attorney's probe has revealed evidence that a malpractice has occurred, he or she will file a complaint in court and issue summons. The complaint will name the defendants and describe the allegations you have made against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes the patient a standard of treatment. This standard is the level of competence and prudence that an appropriately prudent doctor with similar training would use in similar situations. Your legal team needs to prove that your doctor breached this standard that resulted in injuries due to which you sustained quantifiable damages.

It can be a challenge to prove that a doctor's standards are comparable to another doctor's. This is why it's important to work with a legal firm with access to expert witnesses who can testify about the medical field and what a reasonable professional in your situation would have done.

Not only doctors can make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is particularly the case for emergency room personnel where mistakes are frequently made due to a busy environment and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency room who can provide evidence of the proper procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery stage, your attorney will collect and examine evidence that could prove a malpractice case. This includes medical records, witness statements as and expert testimony. The legal team on the other side will also have the opportunity to request the information from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials could be protected and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most challenging aspect of a medical malpractice law firm claim because it requires expert witness testimony that supports your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and others who were involved in your care. Your lawyer is skilled at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they reach trial. For medical malpractice cases, this is especially common since the cost of going to trial can be expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your lawyer will file a complaint after an initial investigation. If they decide that you have a strong case for malpractice, they will file it. This will clearly state your claims and will be served to the defendant along with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use the evidence to prove that your doctor did not follow 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 collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and details about your case to prepare for their depositions and testimony. They may also aid in the preparation of your case for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the extent of your damages. It's in everyone's best interest to settle your case outside of court whenever feasible. Your lawyer will carefully consider the advantages of a settlement offer against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb, and the procedure was done correctly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

To be able to bring a valid legal action, the defendant must also show that a competent lawyer would have been able to avoid financial loss or at least minimize its size. This is sometimes called the "but for test". It is also required to prove that the plaintiff incurred costs to pursue a legal claim that is over the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, pain and suffering and other economic and non-economic losses. In general, the more serious the injury, the greater the amount of compensation. However, a decision that is successful is sometimes overturned when appealed. Settlements outside of court may be beneficial for certain clients. It could save money and time on court costs. It also avoids the risk of having a jury making a decision based on emotion instead of fact.