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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain rules that must be followed including a specified time period within which the suit could be filed.

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

Complaint

After your attorney's investigation has revealed evidence that a malpractice was committed, he will file a lawsuit in court along with a summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare providers are obligated to a patient a certain standard of care. This standard is defined as the degree of competence and care that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer damages.

The standard of care a physician provides is often an issue of opinion, and it is often difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

It is not just physicians who make medical errors; hospital staff members, like nurses and anesthesiologists, also can commit malpractice. This is particularly the case for emergency room personnel where mistakes are usually caused by a hectic environment and overworked employees. Your lawyer may be in a position to secure an expert opinion from the emergency room personnel who can provide evidence of what should have happened and how your doctor failed to meet the standards.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This could include medical records, witness statements, as and expert testimony. The legal team of the other side will also have the option to request this information from you and your attorney. This can be done via interrogatories or requests for documents. However, certain materials may be classified as confidential or privileged due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also interview any witnesses that can support the doctor's negligence. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your attorney will be skilled in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. In the case of medical malpractice this is the most common due to the fact that going to trial can be quite expensive. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurer of your doctor. If a settlement cannot be reached 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. The complaint will clearly state the allegations and must be delivered to the defendant with a summons.

Discovery is the next step. The next phase involves discovery. This includes depositions and exchange of witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was a result of negligence by the doctor and resulted in damages.

Apart from the witness's statement Your medical malpractice lawyer will collaborate with one or two experts to support your claim. They will be provided with medical records and specific information about your case in preparation for their depositions and testimony. They may also aid in the preparation of your case for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. This process can last for many years. In this time, malpractice lawsuits it is likely that you will be recovering from your injuries while determining the size and amount of your losses. It is in everyone's best interests to settle out of court whenever feasible. Your attorney will carefully assess the merits of any settlement offer with your current and future settlement. If the settlement offer seems reasonable and fair, then your lawyer will be able to 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 contributed to the damages. For instance, if the doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb and the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim may also show that a skilled lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff has incurred costs in pursuit a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice attorneys lawyers can explain the various kinds of damages that could be awarded in a malpractice case that include past, current and future medical expenses as also loss of income, pain and discomfort, and other economic or non-economic loss. The higher the amount is, the more serious injury. However, a verdict that is deemed to be a success is sometimes overturned in appeal. Settlements that are not in court may be beneficial for certain clients. It can save time and money on costs for litigation, as well as avoiding the risk of having a jury decide cases on the basis of emotions instead of fact.