How to File a Medical Malpractice Lawsuit

Medical Charleston malpractice lawyer suits are complex. There are certain guidelines to follow, such as a deadline within which the lawsuit may be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

If your attorney's probe has found evidence that fraud occurred, the attorney will file a formal complaint in court, along with summons. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

centennial malpractice lawsuit claims are founded on the idea that nurses, doctors and other healthcare professionals owe patients a certain standard of care. This is the level of competence and care reasonable doctors who has similar training would apply in similar circumstances. Your legal team must to prove that your doctor did not meet this standard and caused injuries to which you suffered quantifiable damages.

It isn't easy to prove that a doctor's standard is the same as another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It's not just doctors who make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are usually caused by a hectic atmosphere and overworked workers. Your lawyer may be able to secure testimony from experts in the emergency room who can provide evidence of the correct procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase the attorney will collect and examine evidence that may support a malpractice claim. This includes medical records, witness statements, as well as expert testimony. The legal team of the other side may also be able to request these documents from you and your attorney. This is typically done via interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privileged 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 difficult part of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to conduct effective and powerful depositions in order to get these witnesses admitting that the doctor was negligent.

Most lawsuits are settled before they go to trial. For medical malpractice cases this is particularly common due to the fact that going to trial can be quite expensive. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached, your case could go to trial.

Trial

Your lawyer will file a complaint following having completed the initial investigation. If they determine that you have a convincing case of malpractice, then they will file it. This will clearly outline the allegations and will be given to the defendant in the summons.

Discovery is the next stage. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of the evidence to prove that your doctor did not follow the standard of care. The objective is to establish that the error was the result from the negligence of the doctor that caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. They will be provided with medical records and detailed information about your case in preparation for their deposition and testify. They may also help prepare your case for trial.

Your attorney will begin talks with the defense as part of the preparation for trial. This process is ongoing throughout the trial, and can last for many years. In this time, you will be recovering from your injuries and determining the extent and value of your damages. When you can, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. If, for example, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of leg, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional could be held responsible for malpractice.

A victim could also prove that a skilled lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that is greater than the amount sought as compensation.

Our medical malpractice attorneys can explain the various kinds of damages that could be awarded in a case of malpractice, including past, current and future medical expenses as along with loss of income as well as pain and discomfort and other economic or non-economic losses. The more serious the injury, higher the amount of compensation. A verdict that is successful could be overturned by an appeal. Settlements that are not in court may be advantageous for some clients. It can help save time and Charleston malpractice lawyer money on litigation costs, aswell as avoiding the possibility of having a jury decide cases on the basis of emotion instead of facts.