Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include a time limit within which a lawsuit can be filed.

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

Complaint

Your attorney will file a court complaint and summons when he/she has found evidence of malpractice. The complaint will name the defendants and describe the allegations you bring against them.

Malpractice claims are based on the idea that nurses, doctors and other healthcare providers owe a patient the same level of care. This is defined as the amount of expertise and prudence that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

A physician's standard of care is usually a matter of opinion, and is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify about what a reasonable professional would have done.

Not only doctors make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is especially true for emergency room staff, whose mistakes are frequently made due to a hectic atmosphere and overworked employees. Your lawyer could be able to secure an expert witness from the emergency room personnel who can demonstrate what should have happened and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase the attorney will collect and review evidence that could support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team on the other side will also have the option to obtain this information from you and your attorney. This is typically done via interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and private due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult aspect of a medical negligence case since it requires expert testimony to back your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct effective and strong depositions to ensure that these witnesses admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly true for medical malpractice cases, since the costs associated with a trial can be extremely expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company of the doctor. If no settlement can be reached, your case could go to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant along with a summons.

The next step is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The goal is to prove that the error resulted of negligence on the part of the doctor and caused damages.

Your medical malpractice attorneys attorney will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

Your lawyer will initiate discussions on settlement with the defense team as part of the trial preparation. This process continues throughout the course of the trial and can last for several years. In this time, you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's interest to settle your case outside of court and avoid litigation whenever possible. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will 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 contributed to these damages. For instance, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of a arm, and the operation was successful, but the patient lost an arm or limb, the doctor could be held accountable for negligence.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. It is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff incurred costs in pursuit of a successful legal claim that is greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be suffered in a malpractice lawsuit including the past, present and future medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The higher the award the more serious the damage. A successful verdict may be challenged by an appeal. Therefore, settling out of court can be an advantageous option for certain clients. It could save money and time on litigation costs. It also avoids the risk of having a jury making a decision based on emotion instead of fact.