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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific rules that must be followed with a specific time frame in which the suit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will submit a court complaint as well as summons once he or she has found evidence of misconduct. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are founded on the idea that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This standard is defined as the amount of care and skill that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team must to prove that your doctor violated this standard and caused injuries to which you sustained quantifiable damages.

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

It's not just doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists, also can commit malpractice. This is particularly the case for emergency room personnel where mistakes are made due to a busy environment and overworked staff. Your attorney may be able to secure expert testimony from emergency room staff who can provide evidence of what could have been done differently and why your doctor was unable to meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The legal team of the other side will also have the option to request this information from you and your attorney. This is usually done through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult aspect of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer is skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. For medical malpractice cases this is the most common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement isn't agreed upon, your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant in a summons.

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

Aside from the witness statement, your medical malpractice attorney will also work with two or three expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your lawyer will begin talks with the defense team as part of the trial preparation. This process is ongoing throughout the trial, and may last for years. During this time, you are recovering from your injuries and determining the extent of your losses. It is in everyone's best interests to settle the matter out of the court and avoid litigation as often as feasible. Your lawyer will carefully consider the merits of any settlement offer against your current and potential recovery. If the settlement proposal is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that negligence on the part of the defendant contributed to these damages. For instance, if the doctor did not inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim can also prove that a competent lawyer could have averted or reduced the financial loss. It is sometimes referred to the "but for test". It is also important to show that the plaintiff has incurred costs in the pursuit of a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice attorneys can explain the various kinds of damages that could be awarded in a case of malpractice which include past, present and future medical expenses as well as loss of income or income, pain and discomfort and other economic or non-economic loss. The higher the award the more serious the damage. A successful verdict may be overturned by an appeal. Settlements outside of court may be advantageous for some clients. It can save time and money in litigation fees, as well as avoiding the risk of having a jury judge cases on the basis of emotion instead of fact.