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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines that must be met with a specific time frame within which the suit could be filed.

In addition to proving negligence, the person seeking compensation must show that the actions of the doctor led to injuries and losses. 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 formal complaint in court, along with summons. The complaint will identify the defendants and make the allegations you bring against them.

Malpractice claims are based on the notion that doctors, nurses or other healthcare providers are obligated to a patient the highest standard of care. This is defined as the degree of care and skill that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer harm.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. This is why it is important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what a reasonable professional in your situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is especially the case for emergency room personnel where mistakes are often due to a crowded environment and overworked staff. Your lawyer may be able to secure testimony from experts in the emergency department who can help demonstrate what should have been done and how your doctor's actions were not up to the standard.

Discovery

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

You must also prove your injury was caused by the medical professional's negligence. This is the most difficult aspect of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligence. This could include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your lawyer is skilled in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. In the case of medical malpractice, this is especially common due to the fact that going to trial can be quite expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company of the doctor. If a settlement isn't feasible your case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant with a summons.

Discovery is the next step. The next phase involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the statements to prove that your doctor violated the standard of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimony. They may also assist in the preparation of your case for trial.

Your lawyer will initiate discussions on settlement with the defense during the trial preparation. This process continues throughout the course of the trial and can last for several years. During this time, you will be recovering from your injuries and determining the size and amount of your injuries. It's in everyone's interest to settle outside of the court and avoid litigation as often as feasible. Your attorney will carefully compare the merits of any settlement offer against your current and future recoveries. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. If, for instance, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a arm, and the operation was perfect but the patient lost a limb, then the medical professional may be held accountable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or mitigated the financial loss. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff's expenses in the pursuit of a legal claim that is more than the amount of compensation sought.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be sustained in a malpractice lawsuit including future, present and past medical expenses, lost income, pain and suffering as well as other non-economic losses. The greater the amount of money awarded, the more serious injury. However, a decision that is successful is sometimes overturned on appeal. So, settling out of court may be an advantageous option for a few clients. It can help save time and money on litigation fees, as well as avoiding the risk of having a jury judge a case based on the basis of emotions instead of facts.