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How to File a Medical Malpractice Lawsuit

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

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

Complaint

After your attorney's investigation has discovered evidence of malpractice occurred, he or she will file a lawsuit in court and issue summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are based on the notion that nurses, doctors, or other healthcare providers are obligated to a patient the same level of care. This standard is defined as the degree of skill and caution that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable damage.

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

It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is especially applicable to emergency room staff where mistakes are usually due to a crowded atmosphere and overworked personnel. Your attorney may be able to secure testimony from experts in the emergency department that can assist in proving the correct procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and review evidence that could prove a malpractice claim. This includes medical records and witness statements as also expert testimony. The other side's legal team can also have the chance to obtain this information from you and your attorney. This usually happens through interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of your doctor. This is the most challenging part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove that the doctor's actions were negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer will be adept in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. In the case of medical malpractice, this is especially common because the cost of going to trial can be expensive. After the facts of your case have been established, a settlement can be reached between you and the insurer of your doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant in a summons.

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

Apart from the witness's statement, your medical malpractice attorney will work with a couple of expert witnesses to support your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also help in preparing your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process continues throughout the trial and can last for many years. In this time, it is likely that you will be recovering from your injuries and determining the amount and value of your damages. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement offer with your current and potential recovery. If the settlement offer seems reasonable the lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to the damages. For example, if the doctor failed to inform the patient that a surgery was a 30 percent risk of losing a limb and the surgery was performed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to prevent their financial loss or at a minimum, lessen the size. This is sometimes called the "but for test". Additionally, it is essential to prove that the plaintiff incurred costs in the pursuit of a legal claim that is more than the amount sought for compensation.

Our medical malpractice lawyers (description here) are able to explain the various types of damages that could be attained in a malpractice case including future, present and past medical expenses and lost income, as well as suffering and other economic and non-economic losses. The greater the amount of money awarded the more serious the injury. However, a ruling that is successful is sometimes overturned in appeal. So, settling outside of court can be an advantageous alternative for some clients. It can save time and money on litigation fees, as well as avoiding the risk of having a jury decide an issue on the basis of emotion instead of facts.