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How to File a Medical Malpractice Lawsuit
Medical malpractice lawsuits can be very complicated. There are certain guidelines to follow, for example the time frame within which the lawsuit may be filed.
In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor resulted in losses and injuries. This will require medical and hospital records.
Complaint
After your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a formal complaint in court, along with summons. The complaint will identify the defendants and state the allegations you bring against them.
Malpractice claims are founded on the premise that doctors, nurses or other healthcare professionals owe patients the highest standard of care. This is defined as the degree of care and skill that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team must to prove that your doctor breached this standard, resulting in injuries from which you have suffered damages that are quantifiable.
It can be challenging to prove that a physician's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable doctor would have done.
It is not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is especially true for emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked staff. Your attorney may be in a position to secure experts from emergency room personnel who can demonstrate what could have been done differently and how your doctor failed to meet this standard.
Discovery
During the discovery process during the discovery phase, your lawyer will gather and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements, as also expert testimony. The legal team on the other side can also have the chance to request these documents from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain documents could be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.
You must also prove that your injury was the result of a doctor's negligence. This is the most difficult part of a medical malpractice law firm case since it requires expert witness testimony that proves your claim.
Your lawyer will also depose witnesses who can prove the doctor was negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will be skilled at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.
The majority of lawsuits are settled before they reach trial. This is particularly true in medical malpractice cases as the costs of the trial process can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurer of the doctor. If no settlement can be reached, your case could go to trial.
Trial
After your attorney completes the initial investigation and concludes that you have a strong malpractice case they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant along with a summons.
The next stage is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of standard of care. The goal is to establish that the error was caused by the negligence of the doctor and caused damages.
Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or malpractice more expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case, to prepare for their depositions and testimony. They may also help prepare your case for trial.
As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process could last for several years. In this time, you are recovering from your injuries and determining the extent of your injuries. It's in everyone's best interest to settle out of the court and avoid litigation as often as possible. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement is reasonable your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs need to show that their losses are significant and that negligence on the part of the defendant contributed to the damages. If, for instance, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of a leg, and the surgery was perfect but the patient lost an arm and limb, then the medical professional could be held responsible for negligence.
A victim may also demonstrate that a competent lawyer could have averted or reduced their financial loss. This is sometimes referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, that is higher than the amount demanded in compensation.
Our medical malpractice lawyers can explain the different types of damages sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other economic and non-economic losses. The more serious the injury, the higher the award. A ruling that is deemed to be successful can be overturned by an appeal. Therefore, settling the case outside of court can be a good option for certain clients. It will save money and time on litigation costs. It also helps avoid the possibility of a jury choosing a case based on emotion rather than fact.