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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include a deadline within which the lawsuit may be filed.

In addition to proving negligence, the claimant must show that the doctor’s actions led to injuries and losses. This will require hospital and medical records.

Complaint

After your attorney’s investigation has revealed evidence that a malpractice occurred, he or she will file a formal complaint in court, along with summons. The complaint will name the defendants and describe the allegations against them.

malpractice lawyers claims are founded upon the belief that doctors, nurses or other healthcare professionals owe patients an appropriate level of care. This is the standard of competence and prudence that a reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team must to show that your doctor violated this standard which resulted in injuries from which you suffered quantifiable damages.

It isn’t easy to prove that a physician’s standards are comparable to another doctor’s. This is why it’s important to work with a legal firm that has access to experts who can give testimony on the medical field and what a reasonable professional in your situation would have done.

Not only doctors make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are usually made due to a busy environment and overworked employees. Your lawyer may be able obtain evidence from experts in the emergency department who can explain the proper procedure and how your doctor’s actions fell short of this standard.

Discovery

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

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult aspect of a medical negligence claim because it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This could include radiologists, dentists as well as nurses, assistants and other people who were involved in the care of your health. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, prior to reaching the trial stage. In the case of medical malpractice this is particularly common because the cost of going to trial can be quite expensive. Once the facts are established, you can negotiate an agreement with the insurance company of the doctor. If a settlement isn’t feasible the case will go to trial.

Trial

After your attorney has completed the initial investigation and decides you have a strong malpractice case, they will file the complaint. The complaint will clearly state your allegations and be served to the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The objective is to prove 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 prove your claim. They will be provided with medical records and detailed information about your case to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your attorney will begin talks with the defense team as part of the trial preparation. The process continues throughout the trial and can take up to several years. During this period, you will be recovering from your injuries while determining the amount and value of your injuries. It’s in everyone’s best interest to settle the matter out of court and avoid litigation whenever feasible. Your attorney will carefully assess the merits of any settlement proposal with your current and future settlement. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these losses. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of a arm, and the operation was successful, but the patient lost an arm or limb, the doctor could be held accountable for negligence.

In order to have a legitimate malpractice suit, the plaintiff must prove that a competent lawyer could have been able avoid financial loss or at a minimum, lessen the amount. This is sometimes referred to as the “but for” test. It is also essential to show that the plaintiff incurred costs to pursue a legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The higher the award, the more serious injury. However, a ruling that is successful could be reversed in appeal. Settlements outside of court could be advantageous for some clients. It can save money as well as time on litigation costs. It also eliminates the risk of a jury making a decision based on emotions rather than facts.