How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to follow, such as a time limit within which a lawsuit can be filed.

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

Complaint

Your lawyer will submit a court complaint as well as summons if he or she has discovered evidence of pacific malpractice attorney. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider is obligated to a patient a minimum standard of care. This standard is defined as the level of competence and care that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

A doctor's standard of care is usually a matter of opinion, and is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

Not only physicians can make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are often caused by a busy atmosphere and overworked personnel. Your lawyer could be in a position to secure experts from emergency room personnel who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process the attorney will collect and review evidence that could be used to support a malpractice claim. This could include medical records, witness statements, as also expert testimony. These records can also be requested by the legal team opposing the case. This is typically done via interrogatories and requests for the production of documents. Certain materials could be protected and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most difficult component of a medical negligence claim because it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be proficient in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. In medical malpractice cases this is the most common as the costs of going to trial can be expensive. Once the facts are established you can negotiate a settlement with the doctor's insurer. If no settlement can be reached, your case may be heard in court.

Trial

Your lawyer will file a lawsuit after an initial investigation. If they conclude that you have a solid case of malpractice, then they will file the complaint. The complaint will clearly state your claims and will be served to the defendant with a summons.

The next phase involves discovery. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standards of care. The objective is to prove that the error was the result of the negligence of your doctor, and resulted in damages.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will work with one or two expert witnesses to back up your claim. They will be provided with 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 start negotiations with the defense team as part of the trial preparation. The process continues throughout the trial, and can take up to several years. During this time period, you are recovering from your injuries and determining the severity of your damages. It's in everyone's interest to settle out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully evaluate the merits of any settlement with your current and future settlement. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. If, for instance, the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the procedure was flawless, but the patient lost an arm and limb, then the medical professional could be held liable for negligence.

To have a viable malpractice lawsuit, the victim must also prove that a competent lawyer could have been able prevent their financial loss or at the very least, reduce the amount. This is sometimes called the "but for test". It is also required to prove that the plaintiff incurred costs to pursue a legal claim that is over the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be awarded in a Pasadena Malpractice Law Firm case which include past, present and future medical expenses as also loss of income, pain and discomfort, and other non-economic loss. The greater the amount of money awarded, the more serious injury. However, a decision that is successful may be rescinded when appealed. Settlements outside of court may be beneficial to some clients. It can save money and time on litigation costs. It also eliminates the risk of a juror deciding a case based on emotion rather than fact.