How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines that must be met including a specified time period within which the suit could be filed.

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

Complaint

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

The basis for Holyoke Malpractice Lawyer claims is the notion that a doctor or nurse or any other healthcare provider owes the patient a standard of treatment. This is defined as the degree of care and skill that a reasonable medical professional who has similar training would exhibit in similar situations. Your legal team needs to show that your doctor did not meet this standard that resulted in injuries due to which you sustained damages quantifiable.

A physician's standard of care is often an issue of opinion, and is often difficult to prove. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what a reasonable professional in your doctor's position would have done.

It is not just physicians who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room personnel, where errors are usually due to a crowded environment and overworked workers. Your attorney may be able to get an expert witness from the emergency room staff who can show the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might support a malpractice claim. This includes medical records, witness statements as and expert testimony. The information may also be requested by the legal team opposing the case. This is usually done through interrogatories and requests for production of documents. Certain materials could be protected and confidential due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also question witnesses who can prove the negligence of the doctor. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer will know how to conduct effective and powerful depositions to make these witnesses admitting that the doctor was negligent.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. This is especially true in medical malpractice cases since the costs of the trial process can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurer of the doctor. If a settlement isn't possible your case will proceed to trial.

Trial

When your lawyer 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 must be served to the defendant with a summons.

Discovery is the next stage. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of the standard of care. The goal is to prove that the error resulted of negligence by the doctor and caused damages.

Your medical rensselaer malpractice lawyer lawyer will also collaborate with one or more expert witnesses to support your claim. These experts will be given medical records and all the details regarding your case in order to prepare for their deposition and testify. They may also aid in making your case ready for trial.

Your attorney will begin talks with the defense team as part of the preparation for trial. This process can last for many years. In this time, you will be recovering from your injuries and determining the amount and value of your injuries. When possible, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement proposal with your current and future recovery. If the settlement offer is reasonable then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. For example, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb. If the procedure was completed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent lawyer would have been able to avoid financial loss or at the very least, reduce its size. This is commonly referred as the "but for" test. It is also essential to prove that the plaintiff has incurred costs in the pursuit of a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the different types of damages sustained in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering as well as other non-economic losses. In general, the more severe the injury, the higher the award. However, a ruling that is successful can sometimes be overturned in appeal. Settlements outside of court could be advantageous for some clients. It will save money and time in court costs. It also avoids the risk of a jury choosing a case based on emotion rather than fact.