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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to be followed with a specific time frame within which the suit may be filed.

In addition to proving negligence, the person seeking compensation must show that the actions of the doctor resulted in losses and injuries. This will require medical and hospital documents.

Complaint

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

The basis for malpractice attorneys claims is the belief that a physician or nurse or other healthcare provider is obligated to a patient a minimum standard of care. This is defined as the amount of skill and caution that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team will have to show that your doctor breached this standard, resulting in injuries from which you sustained quantifiable damages.

A doctor's standard of care is usually an issue of opinion and is often difficult to prove. This is why it is essential to select a law firm that has access to experts who can provide testimony about the medical field and what a reasonable professional in your doctor's situation would have done.

Not only doctors make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is especially applicable to emergency room staff where mistakes are caused by a hectic atmosphere and overworked workers. Your attorney may be able to get testimony from experts in the emergency department who can provide evidence of the correct procedure and how your doctor's actions fell short of this standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might be used to support a malpractice claim. This includes medical records and witness statements as also expert testimony. The legal team representing the other side will also have the opportunity to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain documents may be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is due to negligence by the doctor. This is the most difficult element of a medical negligence case since it requires expert evidence to support your claim.

Your lawyer will also call witnesses who can prove the doctor was negligent. This can include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer will be adept at taking strong and effective depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. This is especially common for medical malpractice cases, since the costs involved in the trial process can be high. Once the facts are established and you have a chance to negotiate a settlement with the insurance company of the doctor. If no settlement can be agreed upon, your case will be heard in court.

Trial

Once your attorney has completed the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with the summons.

The next step is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these evidences to prove your doctor's violation of the standard of care. The goal is to prove that the error was a result of negligence on the part of the doctor and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will collaborate with one or two 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 testimonies. They may also aid in the preparation of your case for trial.

Your lawyer will begin talks with the defense as part of the trial preparation. This process continues throughout the trial, and can last for years. During this time period, you are recovering from your injuries and determining the severity of your losses. It's in everyone's interest to settle outside of court whenever it is possible. Your lawyer will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused the damages. For example, if the doctor failed to inform the patient that a surgical procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or minimized the financial loss. This is often referred to as the "but for test". It is also essential to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that can be sustained in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and pain and suffering, and other non-economic losses. In general, the more serious the injury, the more the award. However, a successful verdict could be reversed upon appeal. Settlements that are not in court may be beneficial for a few clients. It can save money as well as time in court costs. It also avoids the risk of having a jury deciding a case based on emotion instead of fact.