20 Irrefutable Myths About Malpractice Litigation: Busted

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be adhered to including a specified time period during which the suit can be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has discovered evidence of malpractice was committed, he will file a complaint in court and issue summons. The complaint will identify the defendants and make the allegations against them.

The basis for malpractice claims is the notion that a doctor or healthcare provider owes the patient a standard of care. This is the amount of expertise and prudence reasonable doctors with the same training would employ in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

The standard of care a physician provides is usually an issue of opinion, and it is often difficult to prove. This is why it is essential to select a law firm that has access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just doctors who make medical errors; hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff where mistakes are usually caused by a busy atmosphere and overworked workers. Your lawyer could be in a position to get experts from emergency room personnel who can explain what should have happened and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase your lawyer will gather and review evidence that could provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony, and more. The legal team representing the other side may also be able to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and secret due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury was the result of a doctor's negligence. This is the most difficult aspect of a medical negligence claim since it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This could include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to take powerful and effective depositions to make these witnesses accept that the doctor's negligence.

The majority of lawsuits are settled before they reach trial. This is particularly common in medical malpractice cases since the cost of a trial can be extremely expensive. After the facts of your case are established, a settlement may be reached between you and the insurer of your doctor. If no settlement can be reached, your case may go to trial.

Trial

Your attorney will file a complaint following completing the initial investigation. If they decide that you have a strong case for malpractice, they will file it. This will clearly outline the allegations and must be handed to the defendant along 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 breach of standard of care. The objective is to establish that the error resulted of negligence on the part of the doctor and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records and specific information about your case in preparation for their depositions and testimonies. They can also assist in preparing your case for trial.

Your lawyer will initiate negotiations with the defense as part of the preparation for trial. This process continues throughout the course of the trial and may last for several years. During this time, you are recovering from your injuries and determining the extent of your injuries. It's in everyone's best interest to settle the matter out of court and avoid litigation whenever possible. Your attorney will carefully evaluate the merits of a settlement offer against your current and long-term recovery. If the settlement offer is reasonable the attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that negligence on the part of the defendant has contributed to the damages. For example, if the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of a limb, and the surgery was perfect but the patient lost a limb in the process, then the medical professional could be held responsible for malpractice.

A victim may also show that a skilled lawyer could have averted or reduced the financial loss. This is commonly referred as the "but for" test. It is also required to show that the plaintiff has incurred costs to pursue a legal claim that is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. Generally, the more serious the injury, the higher the award. However, a ruling that is successful may be rescinded on appeal. Settlements that are not in court may be beneficial for a few clients. It could save money and time in court costs. It also reduces the possibility of a jury deciding a case based on emotion instead of fact.