How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed including a time limit during which the suit can be filed.
In addition to proving negligence, the person seeking compensation must show that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
After your attorney’s investigation has uncovered evidence that malpractice occurred, the attorney will file a complaint in court and issue summons. The complaint names the defendants in the case and outlines the allegations you are making against them.
Malpractice claims are based upon the belief that nurses, doctors and other healthcare providers are obligated to a patient the highest standard of care. This is the level of skill and caution reasonable doctors with similar training would employ in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.
It isn’t easy to prove that a doctor’s standard is the same as another doctor’s. It is crucial to choose an attorney who has access to experts in the field of medicine to provide proof of what a reasonable doctor would have done.
It’s not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists are susceptible to making mistakes. This is particularly true of emergency room personnel, where mistakes are frequently made due to a chaotic environment and overworked workers. Your lawyer may be able to secure testimony from experts in the emergency department that can assist in proving the proper procedure and why your doctor’s actions did not meet the standards.
Discovery
During the discovery process your lawyer will gather and examine evidence that may provide evidence to support a claim for malpractice. This includes medical records, witness statements expert testimony and more. The information could be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain documents could be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.
You must also prove that your injury is due to negligence by the doctor. This is the most difficult element of a medical negligence case, as it requires expert testimony to back your claim.
Your lawyer will also depose witnesses who can prove the doctor’s negligent actions. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer is skilled in preparing powerful and effective depositions to get these witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled before they reach trial. In the case of medical malpractice this is particularly common because the cost of going to trial can be expensive. After the facts of your case are established, a settlement can be reached between you and the insurance company for the doctor. If a settlement isn’t possible the case will proceed to trial.
Trial
After your attorney completes the initial investigation and concludes that you have an excellent larchmont malpractice lawyer case, they will file the complaint. The complaint will clearly state the allegations and must be handed to the defendant in a summons.
The next stage is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the evidence to prove that your doctor acted in 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 damage.
Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records and all the details about your case to prepare for their deposition and testimony. They may also help prepare your case for trial.
Your attorney will start settlement discussions with the defense as part of the preparation for trial. This process is ongoing throughout the case and may last for years. During this time period, you are recovering from your injuries and determining the extent of your damages. When possible, it’s in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement is reasonable your lawyer will advise you to accept it.
Damages
During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb and the procedure was completed perfectly but the patient lost their arm, the medical professional may be held liable for malpractice.
In order to have a legitimate malpractice lawsuit, the person who is suing must prove that a competent attorney could have been able to prevent their financial loss or at the very least, reduce its size. This is often referred to as the “but for” test. It is also required to prove that the plaintiff has paid for expenses to pursue a legal claim, that is more than the amount sought in compensation.
Our medical malpractice lawyers are able to explain the various forms of damages that can be suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and pain and suffering, Vimeo.Com and other non-economic losses. Generally, the more serious the injury, the more the award. However, a successful verdict is sometimes overturned on appeal. Settlements that are not in court may be advantageous for some clients. It could save money and time on litigation costs. It also helps avoid the possibility of a jury choosing a case based on emotion rather than fact.