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How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to be followed including a certain time period during which the suit can be filed.

In addition to the need to prove negligence, the plaintiff must show that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Once your attorney's investigation has uncovered evidence that malpractice occurred, he or she will file a lawsuit in court and issue a summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are based upon the belief that nurses, doctors and other healthcare providers owe a patient the highest standard of care. This standard is the level of expertise and prudence reasonable doctors with similar training would use in similar situations. Your legal team has to prove that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

It isn't easy 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 medical field to testify on what a reasonable doctor would have done.

It is not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists, also can commit malpractice. This is particularly applicable to emergency room staff where mistakes are often made due to a busy atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency department who can help demonstrate the proper procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that might prove a malpractice claim. This includes medical records, witness statements, expert testimony, and more. The information may also be requested by the opposing legal team. This is usually done through interrogatories and requests for the production of documents. Certain documents could be classified as confidential or privileged because of privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also depose witnesses who can prove the doctor's negligent actions. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they reach the trial stage. This is particularly true in medical malpractice cases as the costs involved in trial can be expensive. Once the facts of your case are established, a settlement could be agreed upon between you and the doctor's insurance company. If a settlement cannot be reached, your case may proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant in a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The goal is to establish that the error was caused by the doctor's negligence, and caused damage.

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

Your attorney will begin settlement discussions with the defense as part of the trial preparation. This process continues throughout the case and can sometimes last for years. During this period, you will be recovering from your injuries and determining the extent and value of your damages. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer with 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 be required to prove that their losses are substantial and that the negligence of the defendant contributed to these damages. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of leg, and the procedure was flawless, but the patient lost a limb or limb, the doctor could be held accountable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must also show that a competent attorney could have been able stop their financial loss or at the very least, reduce its size. This is sometimes referred to the "but for test". It is also important to show that the plaintiff's expenses in pursuit of a successful legal claim that are greater than the amount of compensation sought.

Our medical malpractice lawyers (click through the next website page) are able to explain the different types of damages that may be suffered in a malpractice lawsuit including the past, present and future medical expenses loss of income, suffering and other non-economic losses. In general, the more severe the injury, higher the award. A successful verdict may be challenged by an appeal. Therefore, settling the case outside of court may be a good option for some clients. It will save money and time in court costs. It also avoids the risk of having a jury choosing a case based on emotion rather than fact.