How to File a Medical Malpractice Lawsuit

Medical oxford malpractice law firm suits are complex. There are certain rules that must be followed including a certain time period during which the suit can be filed.

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

Complaint

Your lawyer will submit a court complaint as well as summons once he or she has found evidence of misconduct. The complaint will name the defendants and describe the allegations you have made against them.

The basis for malpractice claims is the idea that a doctor or nurse or other healthcare professional owes a patient a standard of care. This is defined as the level of competence and care that a reasonable medical professional with similar training would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

A doctor's standard of care is often a matter of opinion, and it is difficult to prove. This is why it is important to hire a law firm that has access to experts who can give testimony on the medical field and what reasonable medical professionals in your doctor's situation would have done.

Not only doctors can make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are often caused by a busy atmosphere and overworked workers. Your lawyer may be able to obtain an expert witness from the emergency room staff who can show the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase the attorney will gather and analyze evidence that could prove a malpractice case. This includes medical documents, witness statements, expert testimony and more. The legal team on the other side can also have the chance to request the information from you and your attorney. This is usually done through interrogatories and requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most difficult element of a medical negligence claim since it requires expert testimony to back your claim.

Your lawyer will also depose any witnesses that can support the negligence of the doctor. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they go to trial. This is especially true in medical malpractice cases because the cost of a trial can be extremely expensive. Once the facts are established, you can negotiate a settlement with the insurance company of the doctor. If a settlement isn't possible, your case will then proceed to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a strong malpractice case they will file the complaint. This will clearly state the allegations and must be delivered to the defendant in a summons.

Discovery is the next phase. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The goal is to establish that the error was caused by the doctor's negligence, and caused damages.

In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will work with two or more expert witnesses to back up your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testify. They may also help in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process is ongoing throughout the trial and may last for years. In this time, it is likely that you will be recovering from your injuries while determining the magnitude and value of your damages. It's in everyone's best interest to settle your case outside of court whenever it is possible. Your lawyer will carefully consider the advantages of a settlement offer against your current and future recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For example, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the surgery was flawless, but the patient lost an arm in the process, then the medical professional could be held liable for negligence.

To have a viable malpractice lawsuit, the person who is suing must also show that a competent attorney could have been able avoid financial loss or at the very least, reduce the amount. This is often referred to as the "but for test". Additionally, it is necessary to demonstrate that the plaintiff was liable for costs in pursuit of a successful legal claim that is in excess of the amount of compensation sought.

Our medical malpractice lawyers are able to explain the different types of damages that could be awarded in a portsmouth malpractice lawyer case, including past, current and future medical expenses, as in addition to lost income as well as pain and discomfort and other non-economic loss. The higher the award the more serious the damage. However, a verdict that is deemed to be a success could be reversed in appeal. Settlements outside of court may be beneficial for a few clients. It could save money and time on litigation costs. It also reduces the risk of a jury choosing a case based on emotions instead of facts.