How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest a lot of time and money in a variety of medical malpractice lawsuits. This can include physician hours and work product attorneys' time court costs, expert witness fees, and countless other expenses.

A traumatic injury caused by a healthcare professional's negligence, mistakes, or error can lead to medical malpractice claims. Victims of injury may seek compensation damages, including the actual economic losses such as past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires a solid proof of the claim to be able to prevail. The injured patient, or their attorney in the event that the patient has passed away, must prove each of these legal elements:

The defendant breached that obligation. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself doesn't cause injury; however, it must be proved that the breach directly caused the injury and was the main reason for the injury.

To ensure the rights of a patient and to ensure that a physician does not commit further errors, it is required to file a report with the state medical board. A report is not a lawsuit, however, it is an excellent first step in getting the malpractice claim started. It is usually recommended to consult with an Syracuse attorney for malpractice prior to filing a report, or any other type of document.

Summons

As part of the legal process, a summons or claim form is filed with the court and delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will review these documents. If it is determined that there is a malpractice issue, the lawyer will file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital billing information and clinic notes and taking the deposition of the defendant's physician in which attorneys ask the defendant on his or her knowledge of the case under an oath.

The information provided will be used by the plaintiff's lawyer to prove the elements of a claim for medical malpractice in the course of trial. The elements of a medical malpractice legal malpractice lawyers (like it) malpractice case include the existence of a duty on the part of the doctor to provide treatment and care to patients, the physician's breach of this duty as well as a causal connection between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery process, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical malpractice law records before and after the an alleged malpractice, details about experts and tax returns or other documentation that pertains to expenses out of pocket that the plaintiff claims to have incurred, as well as the names and contact information of any witnesses who are scheduled to be called to testify in the trial.

The majority of states have a statute of limitations that allows injured patients only some time after an injury or medical mistake to bring a lawsuit. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical malpractice law negligence lawsuit, the injured patient has to prove that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causation i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of an official court reporter who records both the questions as well as the answers. Depositions are part of the discovery process in which parties collect information to be used in a trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. If a doctor is deposed by a lawyer, the doctor must answer each question truthfully under the oath. Usually, the physician is asked questions by an attorney and then cross-examined by a different attorney. This is an important stage in the case and the physician must be attentive to the case.

A deposition is a great way for attorneys to obtain a detailed background of the doctor, including his or his education, training and experience. This information is essential to prove that the doctor did not meet your standard of care and caused you harm. Physicians who have been educated in this field will typically testify they have extensive experience in performing certain techniques and procedures that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This triggers a legal procedure of disclosure called discovery, which is where you and your doctor's team collaborate to collect information to prove your case. The evidence typically comprises medical records and testimony of an expert witness.

To prove malpractice it is necessary to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor medical malpractice lawyers acted in accordance with the standards of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your attorney.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts generally reflect fair assessments of negligence and damages, and that juries are skeptical of excessive damage awards. The vast majority malpractice cases are settled before trial.