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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed with a specific time frame within which the suit may be filed.

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

Complaint

After your attorney’s investigation has uncovered evidence that malpractice occurred, he or she will file a formal complaint in court, along with summons. The complaint names the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are founded on the idea that doctors, nurses or other healthcare providers owe a patient a certain standard of care. This is the amount of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable damages.

It can be a challenge to prove that a physician’s standard is the same as another doctor’s. This is why it is crucial to choose a law firm with access to experts who can testify on the medical field and what reasonable medical professionals in your doctor’s situation would have done.

It is not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is especially true of emergency room staff, whose mistakes are often made due to the crazed atmosphere and overworked staff. Your lawyer could be in a position to secure expert testimony from emergency room staff who can explain the circumstances that led to the incident and why your doctor was unable to meet the standard.

Discovery

During the discovery process your lawyer will collect and review evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony and more. The legal team on the other side will also have the option to request this information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials may be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the negligence of the doctor. This is the most difficult element of a medical negligence case because it requires an expert evidence to support your claim.

Your lawyer will also question witnesses who can prove the doctor’s negligence. This could include radiologists dentists nurses, assistants, nurses and others who were involved in the treatment of your health. Your lawyer will be adept in taking effective and convincing depositions that force 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 because the costs involved in trial can be high. Once the facts of your case are established, a settlement may be reached between you and the doctor’s insurance company. If a settlement cannot be reached your case will go to trial.

Trial

Once your attorney has completed the initial investigation and determines you have an excellent north hills malpractice lawsuit case, they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant in a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of the statements to prove that your doctor did not follow the standard of care. The aim is to prove that the error was a result of negligence by the doctor and caused damage.

Your medical caribou malpractice attorney lawyer will also collaborate with one or more expert witnesses to support your claim. These experts will receive medical records and specific information about your case to prepare for their testimony and deposition. They can also assist in the preparation of your case for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process continues throughout the course of the trial and may last for many years. In this time, it is likely that 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 out of court whenever possible. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future recoveries. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that the procedure had a 30% chance of losing a limb and the procedure was completed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or mitigated the financial loss. It is sometimes referred to the “but for test”. It is also important to show that the plaintiff has incurred costs in the pursuit of a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the various kinds of damages awarded in a malpractice case that include past, current and future medical expenses as along with lost income or income, pain and discomfort and other economic or non-economic losses. The more serious the injury, the greater the award. A verdict that is successful could be overturned through an appeal. Settlements that are not in court may be beneficial for a few clients. It will help save time and money on costs for litigation, as well as avoid the potential risk of having a jury judge a case based on the basis of emotion instead of facts.