15 Terms That Everyone Is In The Malpractice Litigation Industry Should Know

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain rules that must be followed including a certain time period in which the suit can be filed.

In addition to proving negligence, the claimant must show that the actions of the doctor resulted in injuries and losses. This will require hospital and medical records.

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, the attorney will file a complaint with the court along with summons. The complaint identifies the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider owes the patient a certain standard of care. This standard is defined as the level of skill and caution that a reasonable medical professional with similar training would exercise in similar circumstances. Your legal team needs to prove that your doctor violated this standard which resulted in injuries from which you suffered quantifiable damages.

A physician's standard of care is usually an issue of opinion, and can be difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable professional would have done.

It's not just doctors who make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is especially true for emergency room personnel, where mistakes are often made due to a crowded environment and overworked employees. Your lawyer may be able to secure expert testimony from emergency room personnel who can demonstrate what should have happened and why your doctor was unable to meet the standard.

Discovery

In the discovery phase the attorney will gather and review evidence that could prove a malpractice case. This could include medical records, malpractice attorney witness statements, as also expert testimony. The legal team representing the other side may also be able to request this information from you and your attorney. This usually happens through interrogatories as well as requests for production of documents. However, certain materials may be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the negligence of your doctor. This is the most difficult aspect of a medical negligence claim since it requires expert evidence to support your claim.

Your lawyer will also depose witnesses who can demonstrate the negligence of the doctor. This includes radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your lawyer will know how to conduct effective and strong depositions to ensure that witnesses to accept that the doctor was negligent.

Most lawsuits are settled prior to trial. In cases involving medical malpractice this is the most common because the cost of going to trial can be quite expensive. Once the facts are established then you can negotiate an agreement with the insurance company that covers the doctor. If a settlement is not reached, your case may go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly state the allegations and will be given to the defendant along with a summons.

The next step is discovery. The next stage involves discovery. This includes the exchange and depositions of witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of the doctor, and caused damages.

Aside from the witness statement, your medical malpractice attorney will work with two or three experts to support your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testify. They may also help in preparing your case for trial.

Your lawyer will begin settlement discussions with the defense team as part of the preparation for trial. This process is ongoing throughout the trial and can sometimes last for several years. In this time, you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's interest to settle out of the court and avoid litigation as often as it is possible. Your lawyer will carefully consider the merits of any settlement with your current and future recoveries. If the settlement proposal is reasonable, then your lawyer will encourage to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For malpractice attorney instance, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a limb, and the surgery was flawless, but the patient lost an arm, then the medical professional could be held liable for negligence.

To have a viable malpractice suit, the plaintiff must prove that a competent attorney would have been able to stop their financial loss or at least reduce the amount. This is often referred to as 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 more than the amount sought as compensation.

Our medical malpractice attorneys can explain the different types of damages that can be granted in a malpractice case that include past, current and future medical expenses as well as loss of income, pain and discomfort, and other non-economic losses. The more money you are awarded the more serious the injury. However, a successful verdict is sometimes overturned in appeal. So, settling outside of court can be a beneficial option for some clients. It can save money as well as time on court costs. It also eliminates the possibility of a jury choosing a case based on emotions instead of facts.