How to File a Medical Malpractice Lawsuit
Medical ontario malpractice lawyer lawsuits are a complex matter. There are certain guidelines to be followed with a specific time frame within which the suit may be filed.
In addition to showing negligence, the claimant must prove that the doctor’s actions caused injuries and losses. This will require hospital and medical documents.
Complaint
After your attorney’s investigation has uncovered evidence that malpractice occurred, he or she will file a formal complaint in court, along with a summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you’re making against them.
Malpractice claims are based on the notion that a doctor or nurse or any other healthcare professional owes a patient a minimum standard of care. This is the standard of competence and care an appropriately prudent doctor with the same training would employ in similar situations. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable injury.
A doctor’s standard of care is often an issue of opinion and is difficult to prove. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what reasonable medical professionals in your doctor’s position would have done.
It’s not just doctors who make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is particularly true of emergency room staff, where errors are usually due to a hectic atmosphere and overworked employees. Your attorney may be able to secure testimony from experts in the emergency department who can explain the proper procedure and how your doctor’s actions did not meet the standards.
Discovery
During the discovery phase during the discovery phase, your attorney will collect and look over evidence that could be used to be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The legal team representing the other side will also have the option to obtain this information from you and your attorney. This is usually done through interrogatories and requests for the production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, like HIPAA’s Privacy Rule.
You must also prove your injury is the result of the doctor’s negligence. This is the most difficult element of a case involving medical negligence, as it requires expert evidence to support your claim.
Your lawyer can also question witnesses to prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will be proficient at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.
Most lawsuits are settled before going to trial. This is particularly common in medical valley Stream malpractice attorney cases since the costs associated with a trial can be extremely expensive. Once the facts of your case have been established, a settlement can be negotiated between you and the insurance company for the doctor. If no settlement can be reached, your case could go to trial.
Trial
Your lawyer will file a lawsuit after completing the initial investigation. If they find that you have a solid case of malpractice, they will file the complaint. It will state clearly your claims and will be served on the defendant along with a summons.
The next step is discovery. This includes 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 prove that the error resulted of negligence by the doctor and caused damage.
Apart from the witness’s statement, your medical malpractice attorney will work with one or two expert witnesses to support your claim. These experts will receive medical records and details about your case in preparation for their deposition and testify. They can also assist you in preparing your case for trial.
As part of the trial preparation, your attorney will begin settlement negotiations with the defense. The process can take many years. During this period, you’ll be recovering from your injuries while determining the amount and value of your injuries. When you can, it’s in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and long-term recovery. If the settlement is reasonable then your attorney will convince you to accept it.
Damages
During the discovery phase, plaintiffs have to prove that their losses are substantial and that negligence on the part of the defendant contributed to these damages. For instance, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb, and the procedure was done correctly but the patient lost their arm, the medical professional may be held liable for malpractice.
A victim may also demonstrate that a skilled lawyer could have prevented or mitigated their financial loss. This is commonly referred as the “but for” test. Additionally, it is essential to prove that the plaintiff incurred costs in pursuit of a successful legal claim which are over the amount sought for compensation.
Our medical malpractice lawyers are able to explain the various types of damages that could be sustained in a malpractice lawsuit including the past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. The higher the award, the more serious injury. However, a ruling that is successful can sometimes be overturned when appealed. So, settling outside of court may be an advantageous option for certain clients. It can save time and money on litigation costs, aswell as avoiding the possibility of having a jury decide an issue on the basis of emotions rather than fact.