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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to be followed including a specified time period within which the suit may be filed.

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

Complaint

Your lawyer will file a court complaint and summons once he or she has discovered evidence of negligence. The complaint will identify the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based upon the belief that nurses, doctors or other healthcare providers are obligated to a patient a certain standard of care. This standard is defined as the degree of care and skill that a reasonably prudent medical professional trained similarly would exhibit in similar situations. Your legal team must to show that your doctor did not meet this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

A doctor's standard of care is usually an issue of opinion, and can be difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

It's not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly true for emergency room personnel, where mistakes are often made due to a crowded environment and overworked staff. Your attorney may be able to obtain testimony from experts in the emergency department who can provide evidence of the correct procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery process the attorney will collect and look over evidence that could be used to prove a malpractice claim. This includes medical records and witness statements as in addition to expert testimony. These records can also be requested by the opposing legal team. This usually happens through interrogatories as well as requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult component of a medical malpractice case as it requires an expert testimony to support your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligent actions. This could include radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your lawyer will be proficient in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before going to trial. This is particularly common in medical malpractice cases as the costs involved in a trial can be extremely expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the doctor's insurance company. If a settlement isn't possible the case will proceed to trial.

Trial

Your lawyer will file a complaint following having completed the initial investigation. If they conclude that you have a compelling case of malpractice, then they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant in a summons.

The next phase is discovery. The next step involves discovery. This includes the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor violated the standards of care. The goal is to establish that the error was the result of the negligence of your doctor, and caused damages.

Aside from the witness statement Your medical malpractice lawyer will collaborate with one or two expert witnesses to prove your claim. These experts will be given medical records as well as detailed information about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your attorney will start talks with the defense as part of the preparation for trial. This process is ongoing throughout the course of the trial and can take up to many years. During this time, you are recovering from your injuries and determining how much of your losses. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement offer with 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 need to prove that their losses are significant and that negligence on the part of the defendant has contributed to these damages. For example, if the doctor did not inform the patient that the surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm, the medical professional may be held liable for malpractice.

A victim could also prove that a competent lawyer could have averted or reduced the financial loss. This is often referred to as the "but for test". It is also important to show that the plaintiff incurred costs in the pursuit of a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as pain and suffering and other non-economic losses. The higher the award, the more serious injury. However, a decision that is successful is sometimes overturned upon appeal. Settlements that are not in court may be beneficial for certain clients. It can save money as well as time on court costs. It also eliminates the risk of a juror making a decision based on emotions rather than facts.