How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific rules that must be followed including a specified time period within which the suit may be filed.

The claimant must also demonstrate that the doctor's actions led to 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 lawsuit in court along with a summons. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are based on the idea that a doctor or nurse or other healthcare provider owes a patient a certain standard of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team will have to show that your doctor violated this standard which resulted in injuries from which you sustained quantifiable damages.

It can be difficult to prove that a physician's standard is the same as another doctor's. This is why it is crucial to choose a law firm with access to expert witnesses who can provide testimony about the medical field and what an experienced professional in your doctor's position would have done.

It is not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is particularly true of emergency room personnel, where mistakes are frequently made due to the crazed atmosphere and overworked workers. Your attorney may be able to secure an expert witness from the emergency room personnel who can show what should have happened and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to support a hawthorne malpractice lawyer claim. This includes medical documents, witness statements expert testimony and more. The legal team representing the other side may also be able to obtain this information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. However, certain materials could be privileged or confidential because of privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most challenging part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also depose any witnesses that can prove the negligence of the doctor. This includes radiologists, dentists as well as nurses, Vimeo.Com assistants and other people who were involved in the care of your health. Your lawyer will know how to conduct powerful and convincing depositions so that these witnesses accept that the doctor was negligent.

Most lawsuits are settled before they reach trial. In medical malpractice cases this is the most common because the cost of going to trial can be expensive. Once the facts are established, you can negotiate an agreement with the doctor's insurer. If a settlement isn't attainable your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a solid oakland malpractice law firm case, they will file the complaint. The complaint will clearly state the allegations and must be handed to the defendant in the summons.

Discovery is the next phase. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's violation of the standard of care. The goal is to show that the error was caused by the negligence of the doctor and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses in support of your claim. They will be provided with medical records and detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process could last for many years. During this period, you will be recovering from your injuries while determining the magnitude and value of your damages. It's in everyone's interest to settle your case outside of court and avoid litigation whenever possible. Your attorney will carefully assess the merits of any settlement proposal with your current and future settlement. If the settlement proposal is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that the negligence of the defendant contributed to these damages. For instance, if the doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

To be able to bring a valid legal action, the defendant must also prove that a competent lawyer could have been able to prevent their financial loss or at a minimum, lessen the amount. This is commonly referred as the "but for" test. It is also necessary to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses as well as lost income, suffering and pain and suffering, as well as other non-economic losses. The more serious the injury, the greater the amount of compensation. A decision that is found to be a success could be rescinded by appeal. Settlements outside of court may be beneficial for a few clients. It can save money as well as time in litigation fees. It also avoids the risk of a jury ruling on a case based upon emotions rather than facts.