Malpractice Litigation: A Simple Definition

How to File a Medical malpractice attorney Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed, which include the time frame within which a lawsuit can be filed.

In addition to the need to prove negligence, the plaintiff must prove that the actions of the doctor resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons once he or she has discovered evidence of negligence. The complaint identifies the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare professionals owe patients the same level of care. This standard is the level of skill and caution the reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable damages.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to testify about what a professional of reasonable standards would have done.

Not only doctors can make mistakes, but so can hospital staff, including nurses and anesthesiologists. This is especially applicable to emergency room staff where mistakes are due to a crowded environment and overworked employees. Your attorney may be able to get testimony from experts in the emergency department that can assist in proving what could have been done and how your doctor's actions fell short of this standard.

Discovery

During the discovery phase your lawyer will collect and analyze evidence that could help in proving a malpractice case. This includes medical records and witness statements, as and expert testimony. The information could be requested by the opposing legal team. This is typically done via interrogatories as well as requests for production of documents. However, certain documents may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult component of a medical negligence case as it requires an expert testimony to support your claim.

Your lawyer will also call any witnesses that can prove that the doctor's actions were negligent. This could include radiologists dentists nurses, assistants, nurses and others who were involved in the care of your health. Your attorney will know how to conduct powerful and convincing depositions in order to get witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially common in medical malpractice cases since the costs associated with the trial process can be expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they determine that you have a compelling case of malpractice, then they will file it. The complaint will be clear in its allegations and be sent to the defendant with the summons.

The next stage is discovery. The next step involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use the statements to prove that the doctor violated the standard of care. The goal is to prove that the error was the result of the doctor's negligence and caused damage.

Apart from the witness's statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. These experts will receive medical records and all the details about your case to prepare for their deposition and testimony. They may also help in preparing your case for trial.

Your lawyer will initiate discussions on settlement with the defense during the preparation for trial. This process can last for many years. During this time, you will be recovering from your injuries while determining the magnitude and value of your injuries. It's in everyone's interest to settle outside of court whenever possible. Your attorney will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that negligence on the part of the defendant has contributed to the damages. If, for example, the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of leg, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held accountable for negligence.

A victim can also prove that a skilled lawyer could have averted or reduced their financial loss. This is commonly referred as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim which are over the amount demanded as compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be given in a malpractice lawsuit that include past, current and future medical expenses, as also lost income and pain and discomfort and other economic or non-economic loss. The more money you are awarded, the more serious injury. A decision that is found to be a success could be challenged by an appeal. So, settling out of court could be a beneficial option for a few clients. It can save time and money on court costs, as well as avoiding the risk of having a jury decide an issue on the basis of emotion rather than fact.