How to File a Medical Malpractice Lawsuit

Medical southfield malpractice lawsuit lawsuits can be a bit complicated. There are specific rules that must be followed including a time limit during which the suit can be filed.

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

Complaint

Your attorney will file a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes the patient a standard of care. This is defined as the degree of care and skill that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable injury.

It isn't easy to prove that a physician's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the medical field to provide evidence of what a competent professional would have done.

It's not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room staff, whose mistakes are often attributed to a hectic atmosphere and overworked workers. Your attorney might be able to secure testimony from experts in the emergency department who can explain the proper procedure and why your doctor's actions did not meet this standard.

Discovery

During the discovery stage the attorney will gather and review evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. This information can also be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. However, certain materials may be privileged or confidential because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of your 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 depose witnesses who can prove the doctor's negligence. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your attorney will know how to take powerful and convincing depositions to ensure that these witnesses admitting that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is especially common for medical malpractice cases, since the costs associated with trial can be expensive. Once the facts are established, you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't attainable the case will go to trial.

Trial

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

Discovery is the next stage. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to establish the doctor's breach of standard of care. The goal is to show that the error was the result of the negligence of your doctor, and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can go on for many years. During this time, you are recovering from your injuries and determining the severity of your injuries. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully evaluate the merits of a settlement against your current and long-term recovery. If the settlement is reasonable then your lawyer will be able to convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the surgery was perfect, but the patient lost a limb, then the medical professional could be held responsible for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also show that a competent attorney could have been able to prevent their financial loss or at least reduce the size. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff has incurred expenses in the pursuit of a legal claim which are greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and pain and suffering, and other non-economic losses. The higher the amount the more serious the injury. A successful verdict may be challenged by an appeal. Therefore, settling out of court can be an advantageous alternative for some clients. It will help save time and money on litigation fees, as well being able to avoid the potential risk of having a jury decide an issue on the basis of emotion instead of fact.