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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed, which include a time limit within which the lawsuit can be filed.

The claimant also has to prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will prepare a court-appointed complaint and summons when he/she has found evidence of misconduct. The complaint will identify the defendants and state the allegations you bring against them.

The basis for malpractice claims is the idea that a doctor or healthcare provider owes a patient a certain standard of care. This is the level of competence and care reasonable doctors who has similar training would apply in similar situations. Your legal team will have to show that your doctor violated this standard and caused injuries to which you sustained quantifiable damages.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. This is why it's crucial to choose a law firm with access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your situation would have done.

It's not just doctors who make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is especially applicable to emergency room staff where mistakes are usually caused by a busy atmosphere and overworked personnel. Your lawyer may be able to secure testimony from experts in the emergency room that can assist in proving the proper procedure and how your doctor's actions did not meet the standards.

Discovery

During the discovery process the attorney will collect and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical records, witness statements, expert testimony, and more. The other side's legal team will also have the opportunity to request the information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials may be privileged and private due to privacy laws, such as HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor's negligence. This is the most difficult part of a case involving medical negligence since it requires expert testimony to back your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligent actions. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will know how to conduct effective and strong depositions to make these witnesses admitting that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. This is particularly common for medical malpractice cases, since the costs of a trial can be very high. Once the facts are established you can negotiate a settlement with the doctor's insurer. 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 an excellent malpractice case, they will file the complaint. The complaint will be clear in its claims and will be served to the defendant along with a summons.

Discovery is the next step. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standards of care. The goal is to show that the error was caused by the negligence of the doctor, and caused damages.

Your medical malpractice law firms lawyer will also work with one or more expert witnesses in support of your claim. These experts will be given medical records and specific information about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense during the preparation for trial. This process is ongoing throughout the trial, and can last for many years. During this time, you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle out of the courtroom and avoid litigation whenever it is possible. Your attorney will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that negligence on the part of the defendant has contributed to the damages. If, for instance, the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of a limb, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional could be held accountable for malpractice.

To have a viable malpractice lawsuit, the victim must also show that a competent attorney would have been able to stop their financial loss or at a minimum, lessen its size. It is sometimes referred to the "but for test". It is also required to show that the plaintiff has paid for expenses in pursuing a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice attorneys can explain the various kinds of damages awarded in a malpractice case, including past, current and future medical expenses as also lost income, pain and discomfort, and other economic or non-economic losses. The greater the amount of money awarded the more serious the damage. However, a successful verdict is sometimes overturned on appeal. Therefore, settling the case outside of court could be a good option for some clients. It can save time and money on court costs, as well as avoiding the risk of having a jury decide an issue on the basis of emotion instead of facts.