How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain rules that must be followed including a specified time period within which the suit could be filed.

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

Complaint

When your attorney's inquiry has revealed evidence that a San bernardino malpractice attorney occurred, he or she will file a complaint in court and issue summons. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers owe a patient the highest standard of care. This standard is defined as the amount of competence and care that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer quantifiable damages.

A physician's standard of care is often an issue of opinion and is often difficult to prove. This is why it's essential to select a law firm with access to experts who can give testimony on the medical field and what a reasonable professional in your doctor's situation would have done.

It's not just doctors who make mistakes, but so can hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are usually caused by a hectic atmosphere and overworked personnel. Your lawyer may be able obtain evidence from experts in the emergency room who can help demonstrate the proper procedure and why your doctor's actions were not up to the standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and examine evidence that may be used to support a malpractice claim. This could include medical records, witness statements as also expert testimony. These records can also be requested by the opposing legal team. This is done by interrogatories or requests for documents. Certain materials could be protected and private 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 negligence case as it requires expert witness testimony that proves your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your attorney will know how to conduct powerful and effective depositions so that witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they get to the trial stage. This is particularly true for medical malpractice cases, since the costs involved in trial can be high. Once the facts of your case are established, a settlement could be agreed upon between you and the insurer of your doctor. If a settlement cannot be reached, the case may go to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly outline the allegations and will be given to the defendant along with the summons.

Discovery is the next phase. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The objective is to prove that the error was the result of the doctor's negligence, and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with one or two expert witnesses to support your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your attorney will start discussions on settlement with the defense during the preparation for trial. This process continues throughout the trial, and can take up to years. In this time, you will be recovering from your injuries while determining the magnitude and value of your damages. When possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement is reasonable then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that negligence on the part of the defendant has caused these damages. For example, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of limb, and the surgery was perfect but the patient lost an arm in the process, then the medical professional could be held liable for negligence.

To be able to bring a valid malpractice suit, the plaintiff must prove that a competent lawyer could have been able to stop their financial loss or at least reduce its size. This is sometimes referred to the "but for test". It is also important to prove that the plaintiff has paid for expenses to pursue a legal claim, which is higher than the amount demanded in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be suffered in a alfred malpractice law firm lawsuit including future, present and past medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. In general, the more severe the injury, the higher the award. A verdict that is successful could be rescinded by appeal. Settlements outside of court could be beneficial to some clients. It can help save time and money on court costs, as well as avoiding the risk of having a jury decide a case on the basis of emotion instead of facts.