The Malpractice Litigation Case Study You’ll Never Forget

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to be adhered to including a specified time period within which the suit may be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will file a court complaint and summons once he or she has found evidence of malpractice. The complaint names the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare professional owes a patient a standard of care. This is the standard of skill and caution reasonable doctors with similar training would use in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer injury.

A physician’s standard of care is usually a matter of opinion, and is difficult to prove. It is crucial to choose an attorney who has access to experts in the medical field to testify about what a competent professional would have done.

It is not just physicians who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also may be guilty of kermit malpractice lawsuit. This is particularly true of emergency room personnel, where errors are usually due to a chaotic environment and overworked employees. Your attorney might be able to secure testimony from experts in the emergency department who can provide evidence of what could have been done and why your doctor’s actions did not meet this standard.

Discovery

In the discovery phase the attorney will gather and analyze evidence that could prove a malpractice case. This includes medical records and witness statements, as and expert testimony. The information may also be requested by the opposing legal team. This is typically done through interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, for instance HIPAA’s Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also call witnesses who can demonstrate the doctor’s negligence. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be adept at taking strong and effective depositions that force these witnesses to admit that the doctor’s negligence was a factor.

The majority of lawsuits are settled before going to trial. In cases involving medical malpractice this is particularly common due to the fact that going to trial can be quite expensive. After the facts of your case are established, a settlement can be discussed between you and your insurance company for the doctor. If a settlement isn’t possible the case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and decides you have a strong malpractice case, they will file the complaint. This will clearly state your allegations and will be served to the defendant with a summons.

Discovery is the next stage. The next stage involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The aim is to prove that the error resulted of negligence on the part of the doctor and caused damage.

Apart from the witness’s statement Your medical malpractice lawyer will work with two or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

Your attorney will begin discussions on settlement with the defense team as part of the preparation for trial. This process can go on for many years. During this time period, you are recovering from your injuries and determining the severity of your damages. If you can, it is in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement offer with your current and potential recovery. If the settlement offer seems reasonable, then your attorney will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost a limb in the process, then the medical professional may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent attorney could have been able prevent their financial loss or at least reduce the amount. This is often referred to as the “but for” test. Additionally, it is essential to prove that the plaintiff’s expenses in pursuit of a successful legal claim that is over the amount of compensation sought.

Our medical malpractice attorneys can explain the different types of damages that could be awarded in a campton Hills malpractice lawyer case including past, current and future medical expenses as in addition to loss of income, pain and discomfort, and other non-economic loss. The higher the award the more serious the injury. However, a ruling that is successful could be reversed in appeal. Therefore, settling the case outside of court could be a viable option for some clients. It can help save time and money on costs for litigation, as well being able to avoid the potential risk of having a jury decide a case based on the basis of emotion rather than fact.