Malpractice Litigation: A Simple Definition

How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to be adhered to including a time limit within which the suit could be filed.

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

Complaint

Once your attorney's investigation has uncovered evidence that malpractice attorneys has occurred, he or she will file a complaint with the court, along with summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are founded on the premise that nurses, doctors, or other healthcare providers are obligated to a patient an appropriate level of care. This is the standard of competence and care an appropriately prudent doctor with similar training would employ in similar circumstances. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable harm.

The standard of care a physician provides is often a matter of opinion, and it can be difficult to prove. This is why it's crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only doctors can make mistakes, but also hospital staff, including anesthesiologists and nurses. This is especially true of emergency room staff, where mistakes are often attributed to a crowded environment and overworked staff. Your lawyer could be able to secure experts from emergency room personnel who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that could be used to support a malpractice claim. This includes medical records and witness statements as also expert testimony. The information could also be requested by the opposing legal team. This usually happens through inquiries and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most difficult element of a medical negligence case as it requires an expert evidence to support your claim.

Your lawyer will also call witnesses who can demonstrate the doctor's negligence. This could include radiologists, dentists, nurses, assistants as well as other individuals who were involved in the care of your health. Your lawyer is skilled at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled before they reach the trial stage. For medical malpractice cases it is a common practice as the costs of going to trial can be quite expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't feasible your case will proceed to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case they will file the complaint. The complaint will be clear in its claims and will be served on the defendant, along with a summons.

The next phase involves discovery. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor did not follow the standard of care. The goal is to prove that the error was the result of the doctor's negligence and caused damage.

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 and specific information about your case to prepare for their testimony and deposition. They may also assist in the preparation of your case for trial.

Your attorney will start negotiations with the defense during the preparation for trial. This process could last for several years. During this period, you'll be recovering from your injuries while determining the size and amount of your damages. It's in everyone's best interest to settle outside of court whenever feasible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement proposal is reasonable, then your attorney will convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a arm, and the operation was perfect, but the patient lost a limb in the process, then the medical professional could be held responsible for malpractice.

In order to have a legitimate legal action, the defendant must prove that a competent attorney could have been able avoid financial loss or at the very least, reduce its size. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred expenses in pursuit a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that may be attained in a malpractice case including past, present and foreseeable medical expenses and lost income, as well as suffering and pain and suffering, as well as other non-economic losses. The higher the award the more serious the injury. A decision that is found to be a success could be overturned through an appeal. Settlements outside of court may be beneficial to some clients. It will reduce time and cost in litigation fees, as well as avoiding the risk of having a jury decide a case based on the basis of emotions instead of fact.