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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed, which include a deadline within which the lawsuit may 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

Your lawyer will make a court complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are founded upon the belief that nurses, doctors or other healthcare professionals owe patients an appropriate level of care. This is defined as the degree of skill and caution that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team must to show that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

The standard of care for a doctor is usually an issue of opinion, and it can be difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

Not only physicians can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are often made due to a busy atmosphere and overworked workers. Your attorney may be able to get testimony from experts in the emergency department who can help demonstrate what could have been done and how your doctor's actions were not up to the standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might support a malpractice claim. This includes medical records, witness statements, as and expert testimony. The legal team of the other side will also have the option to request these documents from you and your attorney. This usually happens through interrogatories and requests for production of documents. However, certain materials may be confidential or protected due to privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the doctor's negligence. This is the most difficult component of a case involving medical negligence as it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, nurses as well as other individuals who were involved in the care of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is particularly true in medical malpractice cases because the costs of a trial can be extremely expensive. After the facts of your case have been established, a settlement can be reached between you and the doctor's insurance company. If a settlement isn't possible the case will go to trial.

Trial

After your attorney has completed the initial investigation and determines you have an excellent malpractice law firm case, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant along with a summons.

Discovery is the next phase. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to show that your doctor did not follow the standard of care. The aim is to prove that the error resulted of the doctor's negligence and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will collaborate with two or more expert witnesses to support your claim. These experts will receive medical records as well as detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. The process can take many years. In this time, it is likely that you will be recovering from your injuries and determining the extent and value of your injuries. When possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement offer against your current and potential recovery. If the settlement offer is reasonable, then your attorney 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 Malpractice Lawyer instance, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of leg, and the procedure was perfect, but the patient lost a limb and limb, then the medical professional may be held accountable for negligence.

A victim can also prove that a skilled lawyer could have prevented or reduced the financial loss. This is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff incurred costs to pursue a successful legal claim that are greater than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various types of damages that may be sustained in a malpractice lawsuit including the past, present and future medical expenses loss of income, suffering as well as other non-economic losses. Generally, the more serious the injury, the greater the award. However, a ruling that is successful could be reversed when appealed. So, settling outside of court could be an advantageous option for certain clients. It will reduce time and cost in court costs, as well as avoid the potential risk of having a jury decide a case based on the basis of emotions rather than fact.