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How to File a Medical Malpractice Lawsuit

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

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

Complaint

Once your attorney's investigation has revealed evidence that a malpractice was committed, he will file a complaint in court, along with a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare professional owes a patient a standard of care. This is the level of expertise and prudence reasonable doctors with similar training would use in similar circumstances. Your legal team must to show that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

The standard of care a physician provides is often a matter of opinion, and it is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

Not only physicians can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are usually caused by a busy environment and overworked staff. Your lawyer may be in a position to obtain an expert opinion from the emergency room staff who can show the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

During the discovery stage your lawyer will collect and review evidence that could support a malpractice case. This includes medical records, witness statements expert testimony and more. The legal team of the other side will also have the opportunity to request these documents from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials are considered to be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury was caused by the doctor's negligence. This is the most challenging part of a medical malpractice law firm claim because it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This includes radiologists, dentists, nurses, assistants as well as other individuals who were involved in the care of your health. Your lawyer will know how to take powerful and effective depositions so that these witnesses admitting that the doctor's negligence was a factor.

Most lawsuits are settled, or settled before they reach the trial stage. In cases involving medical malpractice, this is especially common since the cost of going to 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 feasible your case will go to trial.

Trial

Your attorney will file a complaint following conducting the initial investigation. If they find that you have a compelling case for malpractice, they will file the complaint. This will clearly state the allegations and be sent to the defendant with the summons.

The next step is discovery. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these documents to prove your doctor's breach of the standard of care. The goal is to show that the error was the result of the negligence of the doctor and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will work with one or two experts to support your claim. They will be provided with medical records and specific information regarding your case, to prepare for their deposition and testify. They may also assist in the preparation of your case for trial.

Your lawyer will initiate negotiations with the defense team as part of the preparation for trial. The process can take several years. During this time, you will be recovering from your injuries and determining the magnitude and value of your losses. If you can, it is in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement proposal is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient that a surgical procedure was a 30 percent risk of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. It is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred expenses to pursue a successful legal claim that is greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages attained in a malpractice case including past, present and foreseeable medical expenses, lost income, suffering as well as other non-economic losses. The more money you are awarded is, the more serious injury. However, a verdict that is deemed to be a success can sometimes be overturned on appeal. Settlements outside of court can be beneficial for certain clients. It will save money and Malpractice lawyer time on court costs. It also avoids the possibility of a jury deciding a case based on emotion rather than fact.