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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, for example the time frame within which the lawsuit can be filed.

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

Complaint

If your attorney's probe has revealed evidence that a malpractice attorneys has occurred, he or she will file a complaint in court along with summons. The complaint identifies the defendants in your case and outlines the allegations that you are making against them.

The basis for malpractice claims is the idea that a doctor, nurse or other healthcare provider owes the patient a standard of treatment. This standard is defined as the amount of competence and care that a reasonably prudent medical professional who has similar training would apply in similar circumstances. Your legal team will have to prove that your doctor violated this standard, resulting in injuries from which you suffered quantifiable damages.

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

It's not only doctors who make medical errors; hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is particularly relevant to emergency room personnel where mistakes are frequently made due to a busy atmosphere and overworked workers. Your lawyer may be able to secure an expert opinion from the emergency room personnel who can explain what should have happened and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase the attorney will gather and review evidence that may be used to support a malpractice claim. This could include medical records, witness statements, as in addition to expert testimony. The legal team on the other side may also be able to request this information from you and your attorney. This is usually done through interrogatories and requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was caused by the medical professional's negligence. 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 interview witnesses who can demonstrate that the doctor's actions were negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to conduct powerful and effective depositions in order to get these witnesses acknowledge that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled before they reach the trial stage. In the case of medical malpractice it is a common practice since the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement can be discussed between you and your doctor's insurance company. If no settlement can be reached, the case may go to trial.

Trial

Your lawyer will file a formal complaint after having completed the initial investigation. If they decide that you have a compelling case of malpractice, they will file it. This will clearly state the allegations and will be given to the defendant with the summons.

The next stage is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor did not follow the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damages.

Aside from the witness statement, your medical malpractice attorney will work with one or two expert witnesses to prove your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testimony. They may also help prepare your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process continues throughout the course of the trial and may last for several years. During this period, you'll be recovering from your injuries and determining the extent and value of your losses. It is in everyone's best interests to settle out of the court and avoid litigation as often as possible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. For instance, if a doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for" test. It is also essential to show that the plaintiff has incurred expenses in pursuit a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be caused by a malpractice lawsuit including the past, present and future medical expenses and lost income, as well as suffering as well as other non-economic losses. The greater the amount of money awarded the more serious the damage. A ruling that is deemed to be successful can be overturned through an appeal. Therefore, settling the case outside of court could be a beneficial alternative for some clients. It could save money and time on litigation costs. It also eliminates the risk of having a jury making a decision based on emotions instead of facts.