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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be followed with a specific time frame within which the suit could be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor resulted in losses and injuries. This will require hospital and medical records.

Complaint

Once your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a complaint with the court and issue a summons. The complaint will identify the defendants and state the allegations you bring against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider owes a patient a minimum standard of care. This is the amount of expertise and prudence the reasonably prudent doctor with similar training would employ in similar situations. Your legal team needs to prove that your doctor did not meet this standard and caused injuries to which you sustained damages quantifiable.

It can be challenging to prove that a physician's standards are the same as another doctor's. This is why it's important to hire a law firm that has access to experts who can testify on the medical field and what reasonable professionals in your doctor's position would have done.

It's not just doctors who make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is especially relevant to emergency room personnel where mistakes are due to a crowded atmosphere and overworked workers. Your attorney may be able to obtain testimony from experts in the emergency department who can help demonstrate what should have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery stage, your attorney will collect and examine evidence that could prove a malpractice law firms case. This includes medical documents, witness statements expert testimony, and more. The information may also be requested by the opposing legal team. This is done through interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult part of a medical negligence case, as it requires expert testimony to back your claim.

Your lawyer will also depose witnesses who can demonstrate the negligence of the doctor. This includes radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled before they reach trial. In medical malpractice cases it is a common practice because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement cannot be agreed upon, your case will be heard in court.

Trial

Your attorney will file a complaint after an initial investigation. If they conclude that you have a compelling case of malpractice, then they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant along with the summons.

The next step is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the statements to prove that your doctor violated the standards of care. The objective is to prove that the error resulted of the doctor's negligence and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. These experts will be provided medical records and specific information about your case to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

Your attorney will start settlement discussions with the defense as part of the trial preparation. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the extent of your losses. If possible, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial 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 percent possibility that the procedure might result in the loss of leg, and the surgery was perfect, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have been able to prevent their financial loss or at the very least, reduce the size. This is sometimes referred to the "but for test". In addition, it is essential to prove that the plaintiff's expenses to pursue a successful legal claim that are over the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be granted in a malpractice case including past, current and future medical expenses, as also lost income as well as pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded the more serious the injury. A ruling that is deemed to be successful can be overturned through an appeal. So, settling out of court can be a good option for some clients. It can save money and time in litigation fees. It also eliminates the risk of a juror making a decision based on emotion rather than fact.