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Medical malpractice lawsuits are a bit more complicated. There are specific guidelines to follow, including a deadline within which the lawsuit may be filed.
In addition to the need to prove negligence, the plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.
Complaint
When your attorney's inquiry has revealed evidence that a malpractice has occurred, he or she will file a complaint with the court, along with summons. The complaint identifies the defendants in your case and outlines the allegations you're making against them.
malpractice law firm claims are based on the notion that doctors, nurses or other healthcare professionals owe patients an appropriate level of care. This standard is defined as the amount of competence and care that a reasonably prudent medical professional who has similar training could exercise in similar situations. Your legal team must prove that your doctor Malpractice lawyers did not adhere to this standard and resulted in you suffering quantifiable harm.
It isn't easy to prove that a doctor's standard is the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.
It's not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is particularly applicable to emergency room staff where mistakes are often caused by a hectic atmosphere and overworked personnel. Your lawyer may be in a position to obtain experts from emergency room staff who can show the circumstances that led to the incident and why your doctor was unable to fulfill this standard.
Discovery
During the discovery phase, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as and expert testimony. The information may be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. However, certain materials could be confidential or protected because of privacy laws such as HIPAA and its Privacy Rule.
You must also prove that your injury was caused by the doctor's negligence. This is the most difficult part of a medical malpractice case as it requires expert witness testimony to support your claim.
Your lawyer can also question witnesses who can prove that the doctor was negligent. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to conduct powerful and effective depositions to ensure that these witnesses acknowledge that the doctor was negligent.
Most lawsuits are resolved, or settled before they reach the trial stage. In medical malpractice cases, this is especially common due to the fact that going to trial can be expensive. Once the facts of your case are established, a settlement could be discussed between you and your doctor's insurance company. If a settlement isn't feasible your case will go to trial.
Trial
When your lawyer has completed the initial investigation and decides you have a strong malpractice case, they will file the complaint. The complaint will clearly state the allegations and will be given to the defendant in the summons.
The next stage is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to show that your doctor did not follow the standard of care. The objective is to prove that the error was the result of the doctor's negligence and caused damage.
Your medical malpractice attorney will also collaborate with one or more expert witnesses in support of your claim. They will be provided with medical records and details about your case to prepare for their depositions and testimony. They may also help in making your case ready for trial.
As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can last for several years. In this time, you are recovering from your injuries and determining the extent of your losses. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement is fair the lawyer will advise you to accept it.
Damages
During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused those damages. For example, if the doctor failed to inform the patient that a surgical procedure carried a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.
To have a viable malpractice lawsuit, the person who is suing must also show that a competent attorney could have helped avoid financial loss or at least reduce the size. This is sometimes referred to the "but for test". It is also required to prove that the plaintiff was liable for costs in the pursuit of a legal claim which are over the amount sought for compensation.
Our medical malpractice lawyers can explain the various forms of damages that could be caused by a malpractice lawsuit including the past, present and future medical expenses and lost income, as well as pain and suffering and other non-economic losses. The more money you are awarded the more serious the injury. A verdict that is successful could be overturned by an appeal. So, settling out of court may be an advantageous option for certain clients. It will save time and money on litigation costs, aswell as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of facts.
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