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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific rules that must be followed with a specific time frame in which the suit can be filed.

The plaintiff must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will file a court complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants in your case and outlines the allegations that you are making against them.

The basis for malpractice claims is the notion that a doctor or nurse or other healthcare provider owes the patient a minimum standard of care. This is the level of competence and prudence that the reasonably prudent doctor with the same training would employ in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable damages.

It can be difficult to prove that a physician's standards are comparable to another doctor's. This is why it is important to hire a law firm with access to expert witnesses who can give testimony on the medical field and what an experienced professional in your situation would have done.

Not only doctors can make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is particularly true for emergency room personnel, where mistakes are often made due to the crazed atmosphere and overworked staff. Your attorney might be able to get testimony from experts in the emergency department who can explain what should have been done and why your doctor's actions fell short of this standard.

Discovery

In the discovery phase, your attorney will collect and analyze evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony, and more. The information could also be requested by the legal team opposing the case. This is usually done through interrogatories and requests for the production of documents. Certain materials could be protected and private due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult component of a medical negligence claim as it requires an expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will know how to take effective and powerful depositions to ensure that witnesses to acknowledge that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly common in medical malpractice attorney cases because the costs of trial can be high. Once the facts of your case have been established, a settlement can be reached between you and the insurer of your doctor. If a settlement isn't feasible your case will proceed to trial.

Trial

After 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 be served to the defendant with a summons.

Discovery is the next stage. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and caused damage.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and detailed information regarding your case to prepare for their depositions and testimony. They can also assist you in preparing your case for trial.

Your attorney will start settlement discussions with the defense team as part of the preparation for trial. This process could last for several years. During this time, you are recovering from your injuries and determining the extent of your injuries. When possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement offer seems reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that negligence on the part of the defendant has contributed to the damages. If, for example, the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional may be held accountable for malpractice.

In order to have a legitimate legal action, the defendant must also prove that a competent attorney could have helped stop their financial loss or at least reduce its size. This is often referred to as the "but for test". Additionally, it is important to show that the plaintiff's expenses in pursuit of a successful legal claim which are over the amount sought as compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and pain and suffering, as well as other non-economic losses. Generally, the more serious the injury, the greater the award. A ruling that is deemed to be successful can be challenged by an appeal. Therefore, settling out of court can be an advantageous alternative for some clients. It will save money and time in litigation fees. It also avoids the risk of a jury deciding a case based on emotion instead of fact.