20 Fun Facts About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, for example a deadline within which the lawsuit may be filed.

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

Complaint

Once your attorney's investigation has uncovered evidence that malpractice was committed, he will file a formal complaint in court along with a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional with similar training would exhibit in similar situations. Your legal team has to prove that your doctor breached this standard which resulted in injuries from which you have suffered damages that are quantifiable.

The standard of care a physician provides is usually an issue of opinion and is often difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It's not just physicians who make medical errors; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is particularly the case for lawsuit emergency room personnel where mistakes are often caused by a hectic environment and overworked staff. Your attorney may be able to obtain testimony from experts in the emergency department who can provide evidence of what should have been done and how the actions of your doctor did not meet this standard.

Discovery

During the discovery phase the attorney will gather and review evidence that may help in proving a malpractice case. This includes medical records and witness statements, as in addition to expert testimony. The legal team representing the other side can also have the chance to request these documents from you and your attorney. This is typically done via interrogatories as well as requests for production of documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult part of a medical negligence claim because it requires an expert testimony to support 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 lawyer will know how to take effective and strong depositions so that witnesses to accept that the doctor's negligence.

The majority of lawsuits are settled before they go to trial. This is especially common in medical cedartown malpractice law firm cases as the costs involved in a trial can be very expensive. Once the facts are established you can negotiate a settlement with the insurer of the doctor. If a settlement cannot be reached, the case may be heard in court.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly state your allegations and will be served on the defendant, along with a summons.

Discovery is the next stage. The next step involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The objective is to prove that the error was the result 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 support your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their depositions and testimony. They may also assist in preparing your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. The process continues throughout the trial, and may last for many years. During this time, you are recovering from your injuries and determining the magnitude of your injuries. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was perfect, but the patient lost a limb or limb, the doctor could be held liable for negligence.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for test". It is also necessary to prove that the plaintiff has incurred costs to pursue a legal claim, which is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be awarded in a case of malpractice including past, current and future medical expenses, as well as lost income and pain and discomfort and other non-economic losses. The more serious the injury, the higher the award. However, a verdict that is deemed to be a success may be rescinded when appealed. Therefore, settling the case outside of court could be an advantageous option for some clients. It can save money as well as time in litigation fees. It also reduces the risk of a juror ruling on a case based upon emotion instead of fact.