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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, such as the time frame within which the lawsuit may be filed.

The claimant must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

After your attorney's investigation has found evidence that fraud was committed, he will file a complaint with the court along with summons. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare professional owes a patient a standard of care. This is defined as the degree of competence and care that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team must to show that your doctor violated this standard which resulted in injuries from which you have suffered damages that are quantifiable.

A physician's standard of care is usually an issue of opinion and is difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide evidence of what a competent professional would have done.

It is not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists can be liable for malpractice. This is especially true for emergency room staff, Malpractice Lawsuit whose mistakes are frequently made due to a crowded environment and overworked employees. Your attorney may be in a position to get expert testimony from emergency room staff who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The legal team of the other side will also have the opportunity to request these documents from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case, as it requires expert testimony to back your claim.

Your lawyer can also question witnesses that can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct powerful and effective depositions to make these witnesses accept that the doctor's negligence.

The majority of lawsuits are settled prior to trial. In cases involving medical malpractice it is a common practice due to the fact that going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the insurance company of the doctor. If a settlement cannot be reached the case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and determines you have a strong malpractice case they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant with the summons.

The next step is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of the standard of care. The objective is to establish that the error was the result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process is ongoing throughout the trial and may last for several years. In this time, you will be recovering from your injuries and determining the magnitude and value of your injuries. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement proposal with your current and potential recovery. If the settlement offers are reasonable your lawyer will advise 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 caused the damages. For instance, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.

A victim can also prove that a skilled lawyer could have prevented or mitigated the financial loss. This is commonly referred to as the "but for" test. Additionally, it is important to show that the plaintiff has incurred expenses in the pursuit of a legal claim that is in excess of the amount sought as compensation.

Our medical malpractice lawyers can explain the different types of damages suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering as well as other non-economic losses. The greater the amount of money awarded is, the more serious injury. A ruling that is deemed to be successful can be rescinded by appeal. Therefore, settling the case outside of court could be an advantageous option for some clients. It can save money and time on court costs. It also eliminates the risk of having a jury choosing a case based on emotions rather than facts.