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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, including the time frame within which a lawsuit can be filed.

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

Complaint

When your attorney's inquiry has uncovered evidence that malpractice occurred, the attorney will file a lawsuit in court, along with a summons. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based on the notion that a doctor or healthcare provider is obligated to a patient a minimum standard of care. This standard is the level of expertise and prudence reasonable doctors with the same training would employ in similar circumstances. Your legal team will have to show that your doctor breached this standard which resulted in injuries from which you sustained damages quantifiable.

The standard of care a physician provides is often an issue of opinion, and it is often difficult to prove. It is crucial to choose an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.

Not only doctors make mistakes, but so do hospital staff, including nurses and anesthesiologists. This is particularly true for emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked employees. Your attorney might be able to secure testimony from experts in the emergency department who can explain what should have been done and how your doctor's actions did not meet the standards.

Discovery

In the discovery phase, your attorney will collect and analyze evidence that could prove a malpractice case. This includes medical records, witness statements expert testimony and more. The legal team of the other side can also have the chance to request the information from you and your attorney. This is done through interrogatories or requests for documents. However, certain materials may be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of your doctor. This is the most challenging aspect of a medical negligence case because it requires an expert witness testimony to support your claim.

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

Most lawsuits are settled before they go to trial. In the case of medical key biscayne malpractice lawsuit this is the most common since the cost of going to trial can be quite expensive. Once the facts of your case are established, a settlement may be negotiated between you and the insurer of your doctor. If no settlement can be reached, the case may be heard in court.

Trial

Your lawyer will file a complaint after having completed the initial investigation. If they find that you have a strong case for malpractice, they will file the complaint. This will clearly state your allegations and will be served on the defendant along with a summons.

The next stage is discovery. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to show that your doctor violated the standards of care. The aim is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records as well as detailed information about your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your lawyer will begin talks with the defense during the preparation for trial. The process continues throughout the trial, and can last for many years. During this time, you are recovering from your injuries and determining the severity of your damages. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement proposal is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. For instance, if the doctor failed to inform the patient that a surgical procedure was a 30 percent risk of losing a limb, and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim could also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff incurred costs in the pursuit of a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be given in a malpractice lawsuit that include past, current and future medical expenses, as along with lost income as well as pain and discomfort and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a verdict that is deemed to be a success is sometimes overturned in appeal. Therefore, settling the case outside of court can be a beneficial option for some clients. It could save money and time on litigation costs. It also reduces the risk of having a jury ruling on a case based upon emotion instead of fact.