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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be adhered to with a specific time frame within which the suit may be filed.

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

Complaint

Once your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a complaint with the court along with a summons. The complaint will identify the defendants, and then state the allegations you make against them.

Malpractice claims are founded on the idea that nurses, doctors and other healthcare professionals owe patients a certain standard of care. This is defined as the level of care and skill that a reasonably prudent medical professional with the same training would exercise in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer injury.

It can be a challenge to prove that a physician's standards are the same as another doctor's. It is important to hire an attorney who has access to experts in the medical field to testify about what a reasonable professional would have done.

Not only physicians can make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are usually made due to a busy atmosphere and overworked workers. Your attorney may be able to get an expert witness from the emergency room staff who can explain the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

During the discovery stage the attorney will gather and examine evidence that could support a pearland malpractice lawyer case. This includes medical records and witness statements, as also expert testimony. The legal team of the other side will also have the option to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. However, certain materials could be privileged or redlands malpractice attorney confidential because of privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was the result of a negligence of the doctor. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that supports your claim.

Your lawyer will also depose witnesses who can demonstrate that the doctor's actions were negligent. This could include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will be skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. For medical malpractice cases this is the most common as the costs of going to trial can be expensive. After the facts of your case have been established, a settlement can be agreed upon between you and the insurer of your doctor. If a settlement isn't agreed upon, your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a strong redlands malpractice attorney case, they will file the complaint. The complaint will clearly state your claims 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 use these statements to prove your doctor's violation of the standard of care. The goal is to prove that the error resulted of negligence by the doctor and caused damage.

Your medical malpractice lawyer will also work with one or more expert witnesses to back your claim. These experts will receive medical records as well as detailed information regarding your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

Your lawyer will begin discussions on settlement with the defense team as part of the trial preparation. This process continues throughout the trial, and can last for many years. In this time, you'll be recovering from your injuries while determining the amount and value of your injuries. When you can, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement is reasonable, then your lawyer will advise you to accept it.

Damages

During the process of discovery 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 carried a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for" test. It is also required to show that the plaintiff incurred costs in pursuing a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice attorneys can explain the different types of damages awarded in a malpractice case which include past, present and future medical expenses as in addition to loss of income, pain and discomfort, and other economic or non-economic losses. The higher the amount is, the more serious injury. However, a verdict that is deemed to be a success is sometimes overturned when appealed. So, settling outside of court may be an advantageous alternative for some clients. It will save time and money in costs for litigation, as well as avoid the potential risk of having a jury judge a case based on the basis of emotions rather than fact.