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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to be followed including a specified time period within which the suit may be filed.

In addition to showing negligence, the claimant must also prove that the actions of the doctor resulted in injuries and losses. This will require hospital and medical records.

Complaint

After your attorney's investigation has revealed evidence that a malpractice settlement occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are founded on the notion that nurses, Malpractice Lawyers doctors and other healthcare providers are obligated to a patient a certain standard of care. This is defined as the level of care and skill that a reasonably prudent medical professional with similar training would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

The standard of care a physician provides is often a matter of opinion, and can be difficult to prove. This is why it is crucial to choose a law firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in your doctor's position would have done.

It's not just doctors who make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are frequently caused by a hectic atmosphere and overworked personnel. Your lawyer could be able to obtain an expert witness from the emergency room staff who can demonstrate what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to be used to support a malpractice claim. This includes medical records, witness statements as well as expert testimony. The information may be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain documents may be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury was the result of a medical professional's negligence. This is the most difficult aspect of a case involving medical negligence because it requires an expert testimony to support your claim.

Your lawyer will also call any witnesses that can prove that the doctor's actions were negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your lawyer is skilled in preparing powerful and effective depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled prior to trial. In medical malpractice attorneys cases, this is especially common due to the fact that going to trial can be quite expensive. Once the facts of your case are established, a settlement may be reached between you and the insurance company for the doctor. If a settlement cannot be agreed upon, your case will proceed to trial.

Trial

After your attorney completes the initial investigation and determines you have a solid malpractice case, they will file the complaint. This will clearly state the allegations and be sent to the defendant along with a summons.

Discovery is the next stage. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor violated the standards of care. The objective is to establish that the error was the result from the negligence of the doctor that caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your lawyer will initiate discussions on settlement with the defense as part of the preparation for trial. This process is ongoing throughout the trial and can take up to several years. During this time period, you are recovering from your injuries and determining the magnitude of your losses. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement against your current and future recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that the negligence of the defendant contributed to these damages. For example, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the surgery was successful, but the patient lost a limb in the process, then the medical professional could be held liable for negligence.

A victim may also show that a skilled lawyer could have prevented or malpractice lawyers mitigated the financial loss. This is commonly referred as the "but for" test. It is also essential to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various forms of damages that can be attained in a malpractice settlement case including the past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. In general, the more serious the injury, the higher the amount of compensation. However, a ruling that is successful could be reversed when appealed. So, settling out of court can be an advantageous option for a few clients. It can reduce time and cost in court costs, as well as avoiding the possibility of having a jury decide an issue on the basis of emotion instead of fact.