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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, such as a time limit within which a lawsuit can be filed.

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

Complaint

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

Malpractice claims are based upon the belief that nurses, doctors or other healthcare professionals owe patients the highest standard of care. This is the standard of competence and care a reasonably prudent doctor with the same training would employ in similar situations. Your legal team has to show that your doctor violated this standard which resulted in injuries from which you sustained quantifiable damages.

It isn’t easy to prove that a physician’s standard is the same as another doctor’s. It is crucial to choose an attorney who has access to experts in the medical field to testify on what a professional of reasonable standards would have done.

It’s not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is particularly true for emergency room staff, where mistakes are often attributed to a chaotic environment and overworked staff. Your attorney may be able to secure testimony from experts in the emergency department that can assist in proving what could have been done and how your doctor’s actions fell short of this standard.

Discovery

In the discovery phase the attorney will gather and review evidence that may be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The other side’s legal team will also have the option to request this information from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, such as HIPAA’s Privacy Rule.

You must also prove that your injury was the result of a negligent doctor. This is the most difficult part of a malpractice case as it requires expert witness testimony that proves your claim.

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

The majority of lawsuits are settled before going to trial. This is particularly true for medical malpractice cases, since the costs associated with a trial can be very expensive. Once the facts are established then you can negotiate an agreement with the insurer of the doctor. If no settlement can be reached, the case may go to trial.

Trial

When your lawyer has completed the initial investigation and determines you have a solid watsonville malpractice law firm case, they will file the complaint. This will clearly outline the allegations and be sent to the defendant in a summons.

The next step is discovery. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these evidences to prove your doctor’s violation of the standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor and resulted in damages.

Aside from the witness statement Your medical yorba linda malpractice attorney lawyer will collaborate with one or two expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process can take several years. During this time period, you are recovering from your injuries and determining the magnitude of your damages. When you can, it’s in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement proposal with your current and potential recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a arm, and the operation was successful, but the patient lost a limb in the process, then the medical professional could be held accountable for negligence.

A victim may also show that a skilled lawyer could have prevented or reduced their financial loss. This is often referred to as the “but for test”. It is also required to prove that the plaintiff has incurred expenses in pursuing a successful legal claim, that is more than the amount sought in compensation.

Our medical Mount Kisco Malpractice Law Firm lawyers are able to explain the various types of damages attained in a malpractice case including the past, present and future medical expenses, lost income, pain and suffering as well as other non-economic losses. The greater the amount of money awarded the more serious the injury. A decision that is found to be a success could be challenged by an appeal. Settlements outside of court may be beneficial for a few clients. It will help save time and money on litigation fees, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotions instead of facts.