How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be followed including a certain time period within which the suit could be filed.

The claimant must also demonstrate that the doctor's actions led to injuries and losses. This will require hospital and medical records.

Complaint

Once your attorney's investigation has discovered evidence of malpractice occurred, he or she will file a complaint in court, along with summons. The complaint identifies the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare provider owes a patient a minimum standard of care. This is defined as the amount of competence and care that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable injury.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it is important to hire a law firm with access to expert witnesses who can testify about the medical field and what reasonable professionals in your doctor's situation would have done.

Not only doctors make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is particularly true for emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked staff. Your lawyer could be in a position to secure expert testimony from emergency room personnel who can explain the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and analyze evidence that could help in proving a malpractice case. This includes medical records, witness statements expert testimony, and more. The information may also be requested by the legal team opposing the case. This is typically done via interrogatories and requests for production of documents. Certain materials may be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most difficult aspect of a medical dickson city malpractice law firm case since it requires expert testimony to support your claim.

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

Most lawsuits are resolved, or settled, prior to reaching the trial stage. 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 isn't possible, your case will then go to trial.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they decide that you have a strong case of malpractice, then they will file it. It will state clearly your allegations and must be served to the defendant with a summons.

The next phase is discovery. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of the evidence to prove that your doctor violated the standards of care. The objective is to prove that the error was a result from the negligence of the doctor that caused damages.

Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They can also assist in making your case ready for trial.

Your lawyer will initiate discussions on settlement with the defense as part of the preparation for trial. This process can go on for several years. During this period, you will be recovering from your injuries while determining the extent and value of your losses. When possible, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement offer is reasonable the lawyer will advise 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 caused these damages. For instance, if the doctor did not inform the patient that the surgery had a 30% chance of losing a limb and the procedure was completed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.

In order to have a legitimate malpractice suit, the plaintiff must also prove that a competent lawyer could have been able to stop their financial loss or at least minimize its size. This is often referred to as the "but for test". Additionally, it is essential to prove that the plaintiff was liable for costs in the pursuit of a legal claim that are more than the amount demanded as compensation.

Our medical baldwinsville Malpractice Attorney lawyers are able to explain the different types of damages that could be awarded in a malpractice case which include past, present and future medical expenses as well as loss of income, pain and discomfort, and other non-economic losses. The more serious the injury, the higher the award. A ruling that is deemed to be successful can be rescinded by appeal. So, settling out of court may be a viable option for a few clients. It can save money and time in litigation fees. It also helps avoid the risk of a juror ruling on a case based upon emotion instead of fact.