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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 time limit in which the suit can be filed.

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

Complaint

Your attorney will file a court complaint and summons if he or she has discovered evidence of negligence. The complaint names the defendants in your case and outlines the allegations you are making against them.

The basis for malpractice claims is the belief that a physician or healthcare provider owes a patient a standard of treatment. This is defined as the level of care and skill that a reasonably prudent medical professional trained similarly could exercise in similar situations. Your legal team has to show that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.

A physician's standard of care is often an issue of opinion, and can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify about what a reasonable professional would have done.

It's not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists can commit malpractice. This is especially true for emergency room staff, where mistakes are often attributed to a chaotic environment and overworked employees. Your attorney might be able to get testimony from experts in the emergency room who can explain the correct procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and review evidence that could prove a malpractice claim. This includes medical records, witness statements, as well as expert testimony. The information may also be requested by the opposing legal team. This is usually done through interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult part of a medical malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also call witnesses who can demonstrate the doctor's negligence. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be adept in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. In cases involving medical malpractice attorney it is a common practice since the cost of going to trial can be quite expensive. After the facts of your case are established, a settlement can be negotiated between you and the insurance company for the doctor. If a settlement is not reached, your case may proceed to trial.

Trial

Your lawyer will file a complaint after completing the initial investigation. If they determine that you have a solid case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant along with the summons.

Discovery is the next stage. The next step involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of the evidence to show that your doctor acted in violation of the standard of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. These experts will be provided medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They may 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 can go on for many years. During this time, you will be recovering from your injuries and determining the amount and value of your injuries. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and potential recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. For instance, if the doctor failed to inform the patient that the procedure carried a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm, the medical professional may be held accountable for negligence.

To have a viable malpractice suit, the plaintiff must also prove that a competent attorney could have been able stop their financial loss or at the very least, reduce its size. This is often referred to as the "but for" test. It is also required to prove that the plaintiff incurred costs in pursuing a successful legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various forms of damages caused by a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other economic and Malpractice Lawyers non-economic losses. The more money you are awarded the more serious the damage. However, a verdict that is deemed to be a success could be reversed when appealed. Settlements outside of court could be beneficial to some clients. It will save money and time in litigation fees. It also eliminates the possibility of a jury making a decision based on emotion instead of fact.