• 목록
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed, which include a deadline within which the lawsuit may be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

If your attorney's probe has discovered evidence of malpractice occurred, he or she will file a formal complaint in court along with a summons. The complaint will identify the defendants and state the allegations against them.

Malpractice claims are founded on the idea that nurses, doctors or other healthcare providers owe a patient an appropriate level of care. This is the amount of competence and care a reasonably prudent doctor with similar training would use in similar situations. Your legal team needs to prove that your doctor breached this standard that resulted in injuries due to which you sustained damages quantifiable.

A doctor's standard of care is usually an issue of opinion, and can be difficult to prove. This is why it's important to work with a legal firm that has access to expert witnesses who can testify about the medical field and what an experienced professional in your doctor's position would have done.

Not only physicians can make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is especially relevant to emergency room personnel where mistakes are made due to a busy atmosphere and overworked personnel. Your lawyer may be able to get testimony from experts in the emergency room who can explain what should have been done and how your doctor's actions were not up to the standard.

Discovery

During the discovery process your lawyer will collect and review evidence that may help in proving a malpractice case. This includes medical records, witness statements expert testimony and more. The information may be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. Certain materials could be protected and malpractice lawyers secret due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the negligent doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony to support your claim.

Your lawyer will also question any witnesses that can support that the doctor's actions were negligent. This could include radiologists dentists as well as nurses, assistants and others who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, before they get to the trial stage. In the case of medical malpractice lawsuits this is particularly common as the costs of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't agreed upon, your case will be heard in court.

Trial

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

Discovery is the next stage. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these evidences to prove the doctor's breach of standard of care. The objective is to prove that the error was a result of negligence by the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testimony. They may also aid in the preparation of your case for trial.

Your lawyer will begin talks with the defense team as part of the trial preparation. This process is ongoing throughout the course of the trial and can take up to years. In this time, it is likely that you'll be recovering from your injuries while determining the magnitude and value of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and potential recovery. If the settlement is fair the lawyer will advise 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 contributed to these losses. For example, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of a limb, and the surgery was successful, but the patient lost an arm in the process, then the medical professional could be held responsible for negligence.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for test". It is also required to prove that the plaintiff has incurred expenses to pursue a legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages caused by a malpractice lawsuit including future, present and past medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the greater the award. A decision that is found to be a success could be overturned by an appeal. Therefore, settling out of court may be a good option for certain clients. It can save time and money on costs for litigation, as well as avoiding the risk of having a jury decide a case based on the basis of emotion instead of fact.