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How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your attorney will prepare a court-appointed complaint and summons when he/she has found evidence of malpractice. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the notion that a doctor or nurse or any other healthcare provider is obligated to a patient a standard of treatment. This standard is defined as the level of expertise and prudence that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor breached this standard and caused injuries to which you suffered quantifiable damages.

It can be a challenge to prove that a doctor’s standard is the same as another doctor’s. It is essential to find an attorney who has access to experts in the medical field to testify about what a reasonable doctor would have done.

It’s not just doctors who make medical errors; hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is particularly true of emergency room staff, as mistakes are often made due to a crowded environment and overworked staff. Your lawyer may be in a position to secure an expert witness from the emergency room staff who can explain what could have been done differently and why your doctor was unable to meet the standard.

Discovery

During the discovery phase the attorney will gather and examine evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. This information can also be requested by the legal team opposing the case. This is accomplished 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 your injury is the result of the negligence of your doctor. This is the most difficult aspect of a medical malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses who can demonstrate that the doctor’s actions were negligent. This could include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your attorney will know how to conduct powerful and convincing depositions so that these witnesses acknowledge that the doctor’s negligence.

The majority of lawsuits are settled prior to trial. This is particularly common in medical malpractice cases because the cost of the trial process can be high. Once the facts are established then you can negotiate an agreement with the insurance company that covers the doctor. If no settlement can be reached, your case could be heard in court.

Trial

Your lawyer will file a complaint after conducting the initial investigation. If they find that you have a solid case for malpractice, they will file the complaint. This will clearly state the allegations and must be handed to the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to prove that your doctor acted in violation of the standard of care. The aim is to prove that the error resulted from the negligence of the doctor that resulted in damages.

In addition to the witness statement Your medical malpractice attorneys lawyer will work with two or three expert witnesses to support your claim. These experts will be given medical records and all the details regarding your case in order to prepare for their deposition and testify. They may also help in preparing your case for trial.

Your attorney will begin discussions on settlement with the defense during the trial preparation. This process can go on for several years. During this time, you will be recovering from your injuries while determining the size and amount of your injuries. When possible, it’s beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement proposal with your current and potential recovery. If the settlement offer seems reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if a doctor did not inform the patient that the procedure had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have helped reduce their financial loss, or at the very least, reduce its size. This is commonly referred to as the “but for” test. In addition, it is necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that is in excess of the amount of compensation sought.

Our medical malpractice lawyers can explain the different types of damages that may be caused by 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. Generally, the more serious the injury, higher the amount of compensation. However, a successful verdict is sometimes overturned on appeal. So, settling out of court may be a beneficial option for certain clients. It will save money and time on litigation costs. It also eliminates the risk of having a jury choosing a case based on emotions rather than facts.