How to File a Medical Malpractice Lawsuit

Medical Skokie Malpractice Attorney lawsuits can be a little complicated. There are specific guidelines that must be met including a time limit within which the suit may be filed.

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

Complaint

Your attorney will submit a court complaint as well as summons once he or she has discovered evidence of negligence. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare providers owe a patient the same level of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damage.

The standard of care for a doctor is often an issue of opinion, and it can be difficult to prove. This is why it is important to hire a law firm that has access to experts who can testify about the medical field and what reasonable professionals in the same situation as your doctor would have done.

Not only physicians can make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are often made due to a busy environment and overworked employees. Your lawyer may be in a position to secure expert testimony from emergency room staff who can explain what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery process, your attorney will gather and review evidence that could provide evidence to support a claim for malpractice. This includes medical records and witness statements as also expert testimony. The legal team of the other side may also be able to request the information from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of your doctor. This is the most difficult part of a malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This includes radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your lawyer is skilled in preparing strong and persuasive depositions to get these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly true in medical malpractice cases as the costs involved in a trial can be very expensive. After the facts of your case have been established, a settlement can be negotiated between you and the insurer of your doctor. If no settlement can be reached, your case could go to trial.

Trial

Your lawyer will file a formal complaint after having completed the initial investigation. If they conclude that you have a convincing case for malpractice, they will file the complaint. The complaint will be clear in its allegations and will be served on the defendant, along with a summons.

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

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will work with two or three expert witnesses to support your claim. They will be provided with medical records and detailed information regarding your case to prepare for skokie malpractice attorney their depositions and testimonies. They may also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense during the preparation for trial. The process can take several years. In this time, you'll be recovering from your injuries and determining the extent and value of your injuries. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that negligence on the part of the defendant has caused these damages. For example, if the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of a limb, and the surgery was successful, but the patient lost a limb in the process, then the medical professional could be held liable for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also show that a competent lawyer would have been able to stop their financial loss or at least reduce its size. This is often referred to as the "but for test". It is also important to show that the plaintiff has incurred costs in pursuit a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. The more serious the injury, higher the amount of compensation. A successful verdict may be overturned through an appeal. So, settling outside of court could be a beneficial option for certain clients. It can save money as well as time on litigation costs. It also eliminates the possibility of a jury deciding a case based on emotions instead of facts.