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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, including a time limit within which the lawsuit can be filed.

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

Complaint

Your attorney will submit a court complaint as well as summons when he/she has discovered evidence of malpractice. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare professional owes a patient a standard of care. This is the standard of skill and caution an appropriately prudent doctor with the same training would employ in similar situations. Your legal team must to prove that your doctor did not meet this standard and caused injuries to which you sustained 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 is essential to select 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 just doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is especially the case for emergency room personnel where mistakes are usually caused by a hectic environment and overworked staff. Your lawyer may be able to obtain an expert witness 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 process during the discovery phase, your attorney will collect and examine evidence that may support a malpractice claim. This includes medical records and witness statements, as also expert testimony. The legal team representing the other side can also have the chance to request these documents from you and your attorney. This is typically done through inquiries and requests for production of documents. Certain documents could be confidential or protected because of privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most challenging part of a malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligence. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to take powerful and convincing depositions to make these witnesses admit 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 because the cost of going to trial can be quite expensive. After the facts of your case are established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement is not reached, your case may proceed to trial.

Trial

Once your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. This will clearly state your allegations and be served on the defendant, along with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidences to prove your doctor's breach of standard of care. The goal is to establish that the error was caused by the negligence of your doctor, and caused damages.

In addition to the witness's testimony, your medical malpractice attorney - sneak a peek here - will work with a couple of expert witnesses to support your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimony. They may also aid in making your case ready for trial.

Your attorney will begin negotiations with the defense as part of the preparation for trial. The process continues throughout the trial and can last for years. During this time period, you are recovering from your injuries and determining the magnitude of your injuries. It's in everyone's interest to settle out of the court and avoid litigation as often as feasible. Your lawyer will carefully consider the merits of any settlement offer with your current and future settlement. If the settlement offer is reasonable and fair, then your lawyer will be able to convince you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb. Moreover, if the procedure was done correctly but the patient lost their arm and the medical professional could be held liable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or mitigated the financial loss. This is sometimes referred to the "but for test". It is also important to prove that the plaintiff incurred costs in pursuit a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the various types of damages granted in a malpractice case, including past, current and future medical expenses, as well as lost income, pain and discomfort, and other non-economic losses. The higher the amount is, the more serious injury. However, a successful verdict is sometimes overturned in appeal. Settlements outside of court could be advantageous for some clients. It will save money and time on litigation costs. It also helps avoid the risk of having a jury ruling on a case based upon emotions instead of facts.