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How to File a Medical Malpractice Lawsuit

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

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

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a lawsuit in court, along with a summons. The complaint names the defendants in your case, and clearly outlines the allegations you're making against them.

The basis for malpractice attorneys claims is the idea that a doctor or healthcare provider owes the patient a certain standard of care. This is the level of skill and caution reasonable doctors who has similar training would apply in similar situations. Your legal team has to show that your doctor breached this standard, resulting in injuries from which you suffered quantifiable damages.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. This is why it's essential to select a law firm that has access to experts who can provide testimony about the medical field and what a reasonable professional in your situation would have done.

It's not just doctors who make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially applicable to emergency room staff where mistakes are frequently due to a crowded environment and overworked employees. Your attorney may be able to secure testimony from experts in the emergency room who can provide evidence of what should have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery stage, your attorney will collect and examine evidence that could support a malpractice case. This includes medical records, witness statements, as well as expert testimony. The information could be requested by the opposing legal team. This is usually done through inquiries and requests for production of documents. However, certain materials could be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult part of a medical negligence case, as it requires expert testimony to back your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer is skilled in preparing powerful and effective depositions to convince 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. In medical malpractice cases it is a common practice due to the fact that going to trial can be quite expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the doctor's insurance company. If no settlement can be reached, your case could go to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. It will state clearly your allegations and must be served on the defendant, along with a summons.

Discovery is the next phase. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of your doctor, and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with one or two expert witnesses to prove your claim. They will be provided with medical records and details regarding your case to prepare for their deposition and testimony. They may also aid in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. This process is ongoing throughout the case and may last for years. During this time, you are recovering from your injuries and determining the extent of your damages. It's in everyone's best interest to settle out of the courtroom and avoid litigation whenever it is possible. Your attorney will carefully evaluate the merits of a settlement against your current and future recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. For instance, if a doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must prove that a competent attorney would have been able to avoid financial loss or at least minimize its size. This is sometimes called the "but for test". Additionally, it is necessary to demonstrate that the plaintiff incurred costs in the pursuit of a legal claim that are more than the amount of compensation sought.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages sustained in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the greater the amount of compensation. A successful verdict may be rescinded by appeal. Settlements outside of court may be advantageous for some clients. It will save time and money on costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of fact.