How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines that must be met including a certain time period within which the suit could be filed.
The claimant must also demonstrate that the doctor’s actions resulted in injuries and losses. This will require medical and hospital documents.
Complaint
Your attorney will make a court complaint and summons once he or she has found evidence of malpractice. The complaint will identify the defendants and make the allegations you make against them.
Malpractice claims are founded on the idea that nurses, doctors or other healthcare providers are obligated to a patient the highest standard of care. This is defined as the level of care and skill that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team will have to prove that your doctor breached this standard, resulting in injuries from which you sustained damages quantifiable.
It isn’t easy to prove that a physician’s standards are comparable to another doctor’s. This is why it’s crucial to choose a law firm with access to experts who can give testimony on the medical field and what a reasonable professional in your doctor’s situation would have done.
It’s not just doctors who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists are susceptible to making mistakes. This is especially relevant to emergency room personnel where mistakes are caused by a busy environment and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor did not meet the standards.
Discovery
During the discovery process the attorney will collect and look over evidence that might support a malpractice claim. This includes medical records, witness statements, as well as expert testimony. The legal team representing the other side will also have the option to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged because of privacy laws like HIPAA and its Privacy Rule.
It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult part of a medical negligence case as it requires an expert testimony to support your claim.
Your lawyer will also call any witnesses that can support that the doctor’s actions were negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions that force these witnesses to admit that the doctor’s negligence was not their fault.
Most lawsuits are resolved, or settled before they reach the trial stage. For medical malpractice cases it is a common practice since the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be negotiated between you and the doctor’s insurance company. If a settlement cannot be reached, your case may be heard in court.
Trial
Your lawyer will file a formal complaint after an initial investigation. If they conclude that you have a strong case for malpractice, they will file the complaint. It will state clearly your allegations and be served on the defendant, along with a summons.
Discovery is the next phase. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these statements to prove your doctor’s violation of the standard of care. The goal is to establish that the error was caused by the negligence of the doctor, and caused damages.
Aside from the witness statement, your medical florence Malpractice lawsuit attorney will collaborate with a couple of expert witnesses to back up your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.
Your attorney will start settlement discussions with the defense during the preparation for trial. This process continues throughout the course of the trial and can take up to years. During this time, you will be recovering from your injuries and determining the magnitude and value of your injuries. If you can, it is the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement proposal with your current and potential recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.
Damages
During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant has caused these damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the procedure was perfect but the patient lost a limb, then the medical professional could be held responsible for malpractice.
To have a viable malpractice lawsuit, the victim must also prove that a competent lawyer could have been able to 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 that are in excess of the amount sought for compensation.
Our medical malpractice lawyers are able to explain the different types of damages that could be suffered in a lewisville malpractice lawsuit lawsuit including past, present and future medical expenses, lost income, suffering and other non-economic losses. The higher the amount is, the more serious injury. However, a decision that is successful can sometimes be overturned on appeal. Settlements outside of court could be beneficial to some clients. It will save time and money on litigation fees, as well as avoiding the possibility of having a jury judge a case based on the basis of emotions instead of facts.