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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be adhered to including a specified time period within which the suit may be filed.

The claimant must also prove that the doctor’s actions caused injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will file a court complaint and summons when he/she has found evidence of misconduct. The complaint names the defendants in your case, and clearly outlines the allegations you are making against them.

Malpractice claims are founded on the notion that nurses, doctors and other healthcare providers are obligated to a patient a certain standard of care. This is the level of expertise and prudence an appropriately prudent doctor with similar training would use in similar situations. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable damages.

It isn’t easy 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 medical field to testify on what a competent professional would have done.

Not only doctors make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are made due to a busy environment and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency room who can provide evidence of the proper procedure and how your doctor’s actions did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. These records can also be requested by the opposing legal team. This is typically done through interrogatories and requests for the production of documents. Certain documents could be privileged or confidential because of privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor’s negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.

Your lawyer will also question witnesses who can demonstrate the doctor’s negligent actions. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be proficient at taking strong and effective depositions in order to convince these witnesses to admit that the doctor’s negligence was not their fault.

Most lawsuits are settled, or settled, prior to reaching the trial stage. This is especially common in medical malpractice cases because the costs involved in trial can be high. After the facts of your case are established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement is not reached, your case may go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have an excellent malpractice law firms case, they will file the complaint. The complaint will be clear in its allegations and be served to the defendant with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these evidences to prove the doctor’s breach of standard of care. The objective is to establish that the error was the result of negligence by the doctor and caused damage.

In addition to the witness’s testimony Your medical malpractice lawyer will work with one or two expert witnesses to support your claim. They will be provided with medical records and details regarding your case to prepare for their deposition and testimony. They may also help prepare your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process can go on for several years. During this period, you’ll be recovering from your injuries while determining the amount and value 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 advantages of a settlement offer against your current and future recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in the damages. If, for example, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of arm, and the operation was perfect but the patient lost a limb and limb, then the medical professional could be held responsible for negligence.

To be able to bring a valid malpractice lawsuit, the victim must also prove that a competent lawyer could have helped reduce their financial loss, or at least reduce its size. This is often referred to as the “but for test”. It is also required to prove that the plaintiff incurred costs in the pursuit of a legal claim that is over the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages caused by a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, pain and suffering as well as other non-economic losses. In general, the more serious the injury, higher the amount of compensation. A verdict that is successful could be challenged by an appeal. So, settling out of court can be a beneficial option for certain clients. It can save money as well as time on court costs. It also reduces the risk of a juror making a decision based on emotion rather than fact.