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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines that must be met including a certain time period in which the suit can be filed.

In addition to the need to prove negligence, the plaintiff must also prove that the actions of the doctor caused 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 will identify the defendants and state the allegations you bring against them.

norwood malpractice Attorney claims are based on the notion that a doctor, nurse or other healthcare provider is obligated to a patient a standard of care. This standard is defined as the amount of expertise and prudence that a reasonable medical professional with similar training would exhibit in similar situations. Your legal team has to prove that your doctor violated this standard that resulted in injuries due to which you suffered quantifiable damages.

It can be challenging to prove that a physician’s standards are comparable to another doctor’s. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a professional of reasonable standards would have done.

It’s not only doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is especially true of emergency room staff, whose mistakes are frequently made due to the crazed atmosphere and overworked staff. Your lawyer could be in a position to secure expert testimony from emergency room personnel who can provide evidence of what should have happened and the reason why your doctor failed to meet the standard.

Discovery

During the discovery phase your lawyer will gather and review evidence that could prove a tequesta malpractice law firm claim. This includes medical documents, witness statements, expert testimony and more. The information could be requested by the opposing legal team. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and private due to privacy laws, like HIPAA’s Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor’s negligence. This is the most difficult part of a malpractice case because it requires an expert witness testimony that proves your claim.

Your lawyer will also interview witnesses who can demonstrate the negligence of the doctor. This can include assistants, nurses radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct powerful and convincing depositions in order to get witnesses to accept that the doctor’s negligence.

The majority of lawsuits are settled prior to trial. For medical malpractice cases, this is especially common since the cost of going to trial can be quite expensive. Once the facts of your case have been established, a settlement can be reached between you and the insurance company for the doctor. If a settlement is not agreed upon, your case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and be served to the defendant along with a summons.

Discovery is the next phase. The next stage involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these documents to prove your doctor’s violation of the standard of care. The aim is to prove that the error was a result of negligence on the part of the doctor and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to back your claim. They will be provided with medical records and specific information about your case to prepare for their depositions and testimonies. They may also aid in the preparation of your case for trial.

Your attorney will start settlement discussions with the defense as part of the trial preparation. This process is ongoing throughout the trial and may last for many years. In this time, you will be recovering from your injuries while determining the size and amount of your losses. When possible, it’s in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement is reasonable then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. For instance, if the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of leg, and the procedure was successful, but the patient lost an arm or limb, the doctor could be held responsible for negligence.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. This is often referred to as the “but for” test. It is also essential to show that the plaintiff has incurred costs to pursue a legal claim, which are greater than the amount sought in compensation.

Our medical malpractice attorneys can explain the various types of damages that could be granted in a malpractice case that include past, current and future medical expenses, as also lost income and pain and discomfort and other economic or non-economic loss. The more money you are awarded the more serious the damage. A successful verdict may be overturned by an appeal. So, settling out of court may be a viable option for some clients. It can save time and money on litigation fees, as well as avoiding the possibility of having a jury judge a case on the basis of emotion rather than facts.