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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines that must be met including a time limit in which the suit can be filed.

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

Complaint

After your attorney's investigation has revealed evidence that a malpractice was committed, he will file a complaint with the court, along with a summons. The complaint will identify the defendants, and then state the allegations against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider owes a patient a standard of treatment. This is the standard of skill and caution the reasonably prudent doctor with similar training would use in similar circumstances. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable harm.

It can be a challenge to prove that a doctor's standards are comparable to another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

Not only doctors can make mistakes, but also hospital personnel, like nurses and anesthesiologists. This is especially true of emergency room staff, as mistakes are often attributed to a crowded environment and overworked staff. Your attorney might be able to secure testimony from experts in the emergency department who can help demonstrate the proper procedure and how your doctor's actions were not up to the standard.

Discovery

During the discovery phase your lawyer will collect and review evidence that may prove a malpractice case. This includes medical documents, witness statements, expert testimony, and more. The legal team of the other side will also have the opportunity to request this information from you and your attorney. This is typically done via inquiries and requests for production of documents. However, certain materials could be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most challenging aspect of a medical negligence case because it requires an expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can prove the negligence of the doctor. This can include radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your lawyer will know how to take powerful and convincing depositions in order to get witnesses to acknowledge that the doctor was negligent.

Most lawsuits are settled, or settled, before they reach the trial stage. In the case of medical malpractice, this is especially common due to the fact that going to trial can be expensive. Once the facts are established you can negotiate a settlement with the insurer of the doctor. If a settlement isn't agreed upon, your case will be heard in court.

Trial

Your attorney will file a complaint after an initial investigation. If they decide that you have a solid case of malpractice, they will file the complaint. This will clearly state your claims and will be served to the defendant with a summons.

The next step is discovery. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of the statements to prove that the doctor did not follow the standard of care. The objective is to prove that the error was the result of the doctor's negligence and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with two or three expert witnesses to back up your claim. They will be provided with medical records and specific information regarding your case to prepare for their deposition and testimony. They may also help in making your case ready for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process is ongoing throughout the case and may last for many years. In this time, it is likely that you will be recovering from your injuries while determining the amount and value of your injuries. When you can, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your present and long-term recovery. If the settlement is reasonable the attorney will convince you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if a doctor did not inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm or limb, the doctor could be liable for malpractice law firms.

A victim can also prove that a skilled lawyer could have prevented or mitigated their financial loss. It is sometimes referred to the "but for test". It is also required to show that the plaintiff has incurred costs in pursuing a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the various forms of damages sustained in a malpractice law firms lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and other economic and non-economic losses. The higher the award is, the more serious injury. However, a decision that is successful could be reversed on appeal. Settlements outside of court may be beneficial for certain clients. It can save money and time in court costs. It also helps avoid the risk of having a jury deciding a case based on emotions instead of facts.