Malpractice Litigation: The Evolution Of Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain guidelines to be followed including a certain time period during which the suit can be filed.

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

Complaint

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

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare providers owe a patient an appropriate level of care. This is defined as the amount of expertise and prudence that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team must to prove that your doctor did not meet this standard which resulted in injuries from which you suffered quantifiable damages.

The standard of care a physician provides is often an issue of opinion and malpractice lawyer is difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to provide evidence of what a competent professional would have done.

It is not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is particularly true for emergency room staff, whose errors are usually due to a chaotic environment and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency room 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 process, your attorney will collect and examine evidence that could help in proving a malpractice case. This includes medical records and witness statements, as also expert testimony. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is usually done through interrogatories and requests for production of documents. However, certain materials may be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult aspect of a medical negligence case as it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer is skilled in preparing powerful and effective depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. In cases involving medical malpractice this is the most common as the costs of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your allegations and must be served to the defendant along with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these statements to prove your doctor's breach of the standard of care. The goal is to show that the error was the result of the negligence of the doctor, and caused damage.

Apart from the witness's statement Your medical malpractice lawyer will also work with a couple of expert witnesses to support your claim. These experts will receive medical records as well as detailed information about your case in preparation for their depositions and testimony. They may also assist in preparing your case for trial.

Your lawyer will begin negotiations with the defense during the trial preparation. The process continues throughout the case and malpractice lawyer can sometimes last for years. During this time, you are recovering from your injuries and determining the extent of your losses. It's in everyone's best interest to settle the matter out of court whenever it is possible. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if the doctor did not inform the patient that the surgery had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able stop their financial loss or at least reduce the size. This is often referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff has incurred expenses in the pursuit of a legal claim which are in excess of the amount sought for compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be suffered in a malpractice lawsuit including past, present and future medical expenses as well as lost income, pain and suffering as well as other non-economic losses. In general, the more serious the injury, the greater the award. However, a ruling that is successful is sometimes overturned on appeal. So, settling outside of court could be a viable alternative for some clients. It will help save time and money on court costs, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotions instead of fact.