From The Web The 20 Most Amazing Infographics About Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits (her explanation) are a complex matter. There are specific guidelines to be followed, which include the time frame within which a lawsuit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will file a court complaint and summons after he has discovered evidence of negligence. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are founded on the premise that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This is the amount of expertise and prudence a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable damage.

A physician's standard of care is usually an issue of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

It is not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and malpractice lawsuits anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff, as errors are usually due to a hectic atmosphere and overworked staff. Your lawyer could be in a position to obtain an expert opinion from the emergency room staff who can explain what should have happened and the reason why your doctor failed to meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might prove a malpractice claim. This includes medical records, witness statements, expert testimony, and more. These records can be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. However, certain materials may be classified as confidential or privy because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult element of a medical negligence claim, as it requires expert testimony to support your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to take effective and powerful depositions so that these witnesses admitting that the doctor was negligent.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is particularly common in medical malpractice cases since the costs of trial can be expensive. 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 isn't feasible your case will go to trial.

Trial

Your attorney will file a formal complaint after conducting the initial investigation. If they conclude that you have a compelling case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and be served to the defendant along with a summons.

The next phase is discovery. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these documents to prove the doctor's breach of standard of care. The goal is to establish that the error was the result of the negligence of the doctor and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will be given medical records as well as detailed information about your case to prepare for their deposition and testify. They may also assist in making your case ready for trial.

Your lawyer will initiate negotiations with the defense during the preparation for trial. This process can go on for many years. In this time, you will be recovering from your injuries and determining the magnitude and value of your losses. When you can, it's in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement with your current and future settlement. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. For example, if the doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm, the medical professional may be held liable for malpractice.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. It is sometimes referred to the "but for test". Additionally, it is necessary to demonstrate that the plaintiff was liable for costs to pursue a successful legal claim that is over the amount demanded as compensation.

Our medical malpractice attorney lawyers can explain the various types of damages awarded in a malpractice case, including past, current and future medical expenses, as in addition to lost income and pain and discomfort and other non-economic losses. The greater the amount of money awarded the more serious the injury. A successful verdict may be rescinded by appeal. Settlements outside of court may be beneficial to some clients. It could save money and time in court costs. It also eliminates the risk of a juror choosing a case based on emotions instead of facts.