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 guidelines to follow, including a time limit within which the lawsuit can be filed.
The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
Your attorney will submit a court complaint as well as summons after he has found evidence of malpractice. The complaint names the defendants in your case and clearly states the allegations that you are making against them.
Malpractice claims are based on the premise that nurses, doctors, or other healthcare providers owe a patient an appropriate level of care. This standard is the level of skill and caution an appropriately prudent doctor with the same training would employ in similar circumstances. Your legal team has to prove that your doctor breached this standard, resulting in injuries from which you sustained damages quantifiable.
A physician's standard of care is usually a matter of opinion and is difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.
It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly applicable to emergency room staff where mistakes are frequently due to a crowded atmosphere and overworked personnel. Your attorney may be able to obtain testimony from experts in the emergency room who can provide evidence of what could have been done and how the actions of your doctor fell short of this standard.
Discovery
In the discovery phase your lawyer will collect and examine evidence that could be used to support a malpractice claim. This could include medical records, witness statements as well as expert testimony. The legal team on the other side may also be able to obtain this information from you and your attorney. This is typically done via interrogatories and requests for the production of documents. Certain materials could be protected and private due to privacy laws, such as HIPAA's Privacy Rule.
You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a case involving medical negligence as it requires an expert evidence to support your claim.
Your lawyer will also call any witnesses that can prove that the doctor's actions were negligent. This includes radiologists, dentists as well as nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will know how to conduct powerful and convincing depositions to make these witnesses acknowledge that the doctor was negligent.
The majority of lawsuits are settled prior to trial. This is particularly true for medical malpractice law firm cases, since the costs associated with the trial process can be high. After the facts of your case have been established, a settlement could be reached between you and the insurance company of the doctor. If a settlement isn't feasible, your case will then go to trial.
Trial
Once your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with a summons.
Discovery is the next phase. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The goal is to show that the error was the result of the negligence of the doctor and caused damages.
In addition to the witness statement Your medical malpractice lawsuits lawyer will work with one or two expert witnesses to support your claim. These experts will be provided medical records and specific information about your case to prepare for their deposition and testimony. They can also assist in the preparation of your case for trial.
Your lawyer will initiate negotiations with the defense as part of the preparation for trial. The process can take many years. During this time, you are recovering from your injuries and determining how much of your losses. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs will have to prove that their losses are significant and that negligence on the part of the defendant has contributed to these losses. If, for instance, the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of a leg, and the surgery was flawless, but the patient lost an arm, then the medical professional could be held responsible for malpractice.
To have a viable malpractice suit, the plaintiff must prove that a competent lawyer could have been able prevent their financial loss or at least minimize the amount. This is often referred to as the "but for test". It is also necessary to show that the plaintiff has incurred costs in pursuing a successful legal claim, that is greater than the amount sought in compensation.
Our medical malpractice lawyers are able to explain the various types of damages that may be given in a malpractice lawsuit that include past, current and future medical expenses as also lost income, pain and discomfort, and other economic or non-economic losses. The higher the amount the more serious the injury. However, a decision that is successful can sometimes be overturned in appeal. Settlements outside of court can be beneficial for a few clients. It can reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury decide a case on the basis of emotion instead of fact.