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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 including a specified time period within which the suit may be filed.

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

Complaint

Your lawyer will make a court complaint and summons once he or she has found evidence of malpractice. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare professionals owe patients a certain standard of care. This is the standard of competence and care an appropriately prudent doctor who has similar training would apply in similar circumstances. Your legal team must to show that your doctor violated this standard, resulting in injuries from which you suffered quantifiable damages.

The standard of care a physician provides is often an issue of opinion and can be difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable doctor would have done.

It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is especially true of emergency room staff, as mistakes are often attributed to a hectic atmosphere and overworked staff. Your lawyer could be able to secure an expert witness from the emergency room personnel who can provide evidence of what could have been done differently and why your doctor was unable to meet this standard.

Discovery

During the discovery stage your lawyer will collect and review evidence that may be used to support a malpractice claim. This could include medical records, witness statements, as well as expert testimony. The legal team on the other side can also have the chance to obtain this information from you and your attorney. This is usually done through inquiries and requests for production of documents. However, certain documents may be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony that supports your claim.

Your lawyer will also question any witnesses that can prove the doctor's negligence. This could include radiologists, dentists as well as nurses, assistants and others who were involved in the care of your health. Your lawyer will know how to conduct effective and strong depositions to ensure that witnesses to admitting that the doctor's negligence.

Most lawsuits are settled, or settled before they reach the trial stage. In the case of medical malpractice this is the most common since the cost of going to trial can be expensive. After the facts of your case have been established, a settlement may be negotiated between you and the insurance company of the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

After your attorney completes 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 served to the defendant along with a summons.

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

In addition to the witness's testimony, your medical malpractice attorney will work with two or Malpractice Lawyers three expert witnesses to back up your claim. These experts will receive medical records as well as detailed information regarding your case, to prepare for their depositions and testimony. They may also help prepare your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. This process continues throughout the case and may last for several years. During this time, it is important that you are recovering from your injuries and determining the severity of your losses. It's in everyone's best interest to settle out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully consider the merits of any settlement proposal with your current and potential recovery. If the settlement is reasonable 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 significant and that the negligence of the defendant caused those damages. For instance, if a doctor failed to inform the patient that the procedure had a 30% chance of losing a limb, and the procedure was done correctly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

To be able to bring a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney could have helped stop their financial loss or at least minimize the size. It is sometimes referred to the "but for test". It is also important to prove that the plaintiff has incurred costs in pursuing a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the different types of damages caused by a malpractice lawsuit including future, present and past medical expenses as well as lost income, suffering as well as other non-economic losses. Generally, the more serious the injury, higher the award. However, a ruling that is successful could be reversed in appeal. So, settling out of court can be a good option for certain clients. It can save money and time in litigation fees. It also helps avoid the risk of a jury choosing a case based on emotion rather than fact.