How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This includes doctor hours and work product attorneys' time court costs, expert witness fees, and countless other expenses.

A medical malpractice attorneys malpractice claim may be filed if a healthcare professional is negligent or has acted in a manner that is illegal or erred, or Medical malpractice attorneys acted in a way that was not. Injury victims may seek compensatory damages, which could include actual economic losses, such as past and future medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires a solid evidence to win. The patient who has been injured or their lawyer when the patient has passed away must demonstrate each of these legal elements:

The defendant breached the duty. The defendant breached this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care doesn't cause injury on its own. It must be demonstrated that it directly caused the injury and was the main reason for the injury.

To ensure the rights of patients, and to ensure that a physician does not continue to commit errors, it is required to file a claim with the state medical board. A report is not a lawsuit however, it is an effective first step towards initiating the malpractice lawsuit. It is recommended to consult with a Syracuse attorney for malpractice prior to filing a report, or any other type of document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A plaintiff's lawyer who is appointed by the court will examine these documents. If it appears that there may be a malpractice case the lawyer will file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes making requests for evidence like hospital billing or clinic notes, and taking the deposition of the defendant's doctor. Attorneys then will question the defendant under oath regarding his or her knowledge regarding the case.

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's infraction of this obligation as well as a causal connection between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical malpractice attorney records from before and after an incident of negligence, information about experts and tax returns, copies of the tax return or other documents related to out-of-pocket expenses that the plaintiff claims to have incurred, and the names and contact information of any witnesses who will testify at trial.

Most states have a statute of limitations that permits injured patients the time period of a certain amount of years after a medical mishap to file a lawsuit. Those time limits are usually set by law of the state, and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice case an injured victim must prove that the doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who documents both the questions and the responses. The deposition is part of the discovery process, which involves gathering information that can be used in a trial.

Depositions permit attorneys to ask witnesses, usually doctors, a series of questions. When a doctor is deposed they must answer all questions in an honest and open manner under the oath. Usually, the physician is first asked questions by an attorney before being interviewed by another attorney. This is a crucial phase of the process and requires the complete attention and focus of the physician.

Depositions allow lawyers to obtain a detailed background on the doctor's qualifications in relation to his or his education, training, and experience. This information is critical to establish that the doctor violated the standard of care in your case and that the breach caused injury to you. For example, medical Malpractice attorneys physicians who have been trained in the field of malpractice cases typically will declare that they have a vast experience in the execution of certain procedures and methods that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the appropriate court. This begins the process of legal disclosure known as discovery. Your doctor and your team will work together to collect evidence to support your case. The evidence usually consists of medical records as well as testimony from expert witnesses.

To prove malpractice, you must establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor followed the standard of care. The lawyers for your doctor will present defenses that contradict the evidence that your attorney has presented.

Despite the myth that doctors are targets for fraudulent malpractice claims, decades of empirical evidence show that jury verdicts are based on reasonable estimates of negligence and damages, and that juries tend to be skeptical of excessive award amounts. The vast majority malpractice cases are settled before trial.