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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed, which include the time frame within which the lawsuit may be filed.

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

Complaint

Your lawyer will file a court complaint and summons if he or she has found evidence of malpractice. The complaint names the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are based on the belief that a physician or healthcare professional owes a patient a standard of care. This is defined as the amount of expertise and prudence that a reasonable medical professional with similar training would exhibit in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable harm.

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

It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly true for emergency room staff where mistakes are usually caused by a hectic environment and overworked staff. Your attorney may be able to obtain expert testimony from emergency room staff who can provide evidence of what should have happened and how your doctor failed to meet the standards.

Discovery

In the discovery phase, your attorney will collect and review evidence that could support a malpractice case. This includes medical documents, witness statements, expert testimony and more. The legal team of the other side may also be able to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was the result of a negligent doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also question witnesses who can prove the doctor's negligent actions. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. In cases involving medical malpractice it is a common practice since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't agreed upon, your case will proceed to trial.

Trial

Your attorney will file a formal complaint after conducting the initial investigation. If they find that you have a solid case for malpractice, then they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant along with the summons.

The next phase is discovery. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of the evidence to prove that your doctor violated the standards of care. The aim is to prove that the error was the result of the doctor's negligence and caused damages.

Aside from the witness statement Your medical malpractice lawyer will work with two or more experts to support your claim. These experts will receive medical records and specific information regarding your case in order to prepare for their testimony and deposition. They may also help prepare your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process can go on for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your losses. It's in everyone's best interest to settle outside of court and avoid litigation whenever feasible. Your attorney will carefully compare the merits of any settlement offer with your current and future recovery. If the settlement proposal is reasonable then your lawyer will encourage to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb. If the procedure was carried out perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or mitigated their financial loss. This is sometimes referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a legal claim that are in excess of the amount sought as compensation.

Our medical malpractice attorneys can explain the different types of damages that may be granted in a grand ledge malpractice lawsuit case, including past, current and future medical expenses as along with loss of income or income, pain and discomfort and other non-economic loss. The more money you are awarded is, the more serious injury. A decision that is found to be a success could be overturned through an appeal. Settlements that are not in court may be advantageous for some clients. It will save money and time in litigation fees. It also reduces the risk of a jury ruling on a case based upon emotions instead of facts.