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Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a certain time period in which the suit can be filed.
In addition to showing negligence, the claimant must show that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.
Complaint
Your lawyer will submit a court complaint as well as summons when he/she has found evidence of misconduct. The complaint will identify the defendants in your case, and clearly outlines the allegations you are making against them.
The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare provider is obligated to a patient a standard of treatment. This standard is defined as the amount of expertise and prudence that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team will have to prove that your doctor breached this standard that resulted in injuries due to which you sustained quantifiable damages.
It can be a challenge to prove that a physician's standards are the same as another doctor's. This is why it's crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what reasonable medical professionals in the same situation as your doctor would have done.
It's not just doctors who make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is particularly true of emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked workers. Your lawyer may be in a position to get an expert opinion from the emergency room staff who can show what should have happened and how your doctor failed to fulfill this 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, expert testimony and more. The legal team representing the other side may also be able to request the information from you and your attorney. This is done by interrogatories or requests for documents. Certain materials are considered to be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.
You must also prove that your injury was caused by the negligence of the doctor. This is the most difficult part of a case involving medical negligence as it requires an expert testimony to support your claim.
Your lawyer will also question any witnesses that can support the negligence of the doctor. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. 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 going to trial. This is especially common in medical malpractice cases since the costs of trial can be expensive. Once the facts are established you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't feasible, your case will then go to trial.
Trial
Your lawyer will file a complaint after conducting the initial investigation. If they decide that you have a convincing case of malpractice, malpractice attorney then they will file it. This will clearly outline the allegations and will be given to the defendant with a summons.
Discovery is the next step. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of the doctor, and caused damage.
In addition to the witness statement, your medical malpractice attorney will work with a couple of expert witnesses to prove your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their depositions and testimonies. They may also help prepare your case for trial.
As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process can last for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your damages. It is in everyone's best interests to settle your case outside of the court and avoid litigation as often as possible. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement is reasonable your lawyer will advise you to accept it.
Damages
During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused the damages. For example, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the surgery was perfect, but the patient lost a limb and Malpractice Attorney limb, then the medical professional could be held responsible for malpractice.
A victim may also show that a skilled lawyer could have prevented or minimized their financial loss. This is sometimes referred to the "but for test". It is also required to prove that the plaintiff's expenses to pursue a legal claim that are in excess of the amount of compensation sought.
Our medical malpractice lawyers are able to explain the various types of damages granted in a malpractice case, including past, current and future medical expenses, as well as lost income and pain and discomfort and other economic or non-economic losses. The more serious the injury, higher the award. A ruling that is deemed to be successful can be overturned through an appeal. So, settling out of court may be an advantageous alternative for some clients. It can save money and time on court costs. It also eliminates the risk of a juror making a decision based on emotions instead of facts.
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