How to File a Medical Malpractice Lawsuit

Many medical malpractice Attorneys malpractice lawsuits demand a significant amount of time and resources from both doctors and lawyers. This includes doctor hours and work product as well as attorney time court costs and expert witness fees and many other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent or has committed misconduct, made an error, or failed to act. Injury victims may seek compensatory damages, which include economic loss such as past and future medical malpractice attorneys bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires proof of credibility to be able to prevail. The injured patient (or their attorney if they've lost their claim) must be able to prove each of the following legal elements of the claim:

That a hospital or doctor had a duty to follow the standard of care applicable. The defendant breached this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a duty of care doesn't directly cause injury. It must be demonstrated that it caused the injury directly and Medical Malpractice Attorneys was the proximate reason for the injury.

It is typically necessary to file a formal complaint to a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't commit additional mistakes. A report is not a lawsuit but it can be a good first step in initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal procedure, a summons or claim forms is filed with the court and handed to the defendant physician. A lawyer appointed by the court will go through the documents. If it is determined that there could be a malpractice claim the lawyer is required to file an affidavit as well as a complaint with the court, describing the suspected error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting documents like hospital billing information and clinic notes and taking the defendant's deposition in which attorneys ask the defendant on his or his knowledge of the situation under the oath.

The information provided will be used by the lawyer for the plaintiff to establish the elements of an action for medical malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the doctor's infraction of this obligation, a causal link between the breach and the injury or death of the patient and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are able to request and receive evidence relevant to the case. This includes medical records prior to and after an incident of alleged negligence, details about experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of any witnesses who will be testifying in the trial.

Most states have a statute of limitations that permits injured patients a certain number of years after an injury or medical mistake to make a claim. These limitations are set by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice case an injured victim must prove that the doctor's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who records both the questions and the responses. Depositions are part of the discovery process which involves gathering information that can be used in a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a series of questions. When a physician is deposed they must answer all questions truthfully under oath. Usually, the physician is asked questions by one attorney and then cross-examined by another attorney. This is a crucial stage of the process and requires the full concentration and attention of the doctor.

A deposition can help attorneys gain a thorough understanding of the doctor's background, including his or her education, training and experience. This information is essential for showing that the doctor violated the standards of care in your situation and that the breach caused you harm. For instance, doctors who have completed training in the area of malpractice cases usually be able to prove that they have a lot of experience in performing specific procedures and techniques that may be relevant to a particular medical-malpractice claim.

Trial

A civil court is launched when your lawyer file a complaint and summons with the appropriate court. This initiates a legal process of disclosure, also known as discovery, where you and your doctor's team collaborate to collect evidence to support your case. This evidence typically includes medical records as well as testimony from expert witnesses.

To prove malpractice it is necessary to prove that your doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standard of care. The attorneys for your doctor will present arguments that do not agree with the evidence presented by your lawyer.

Despite the myth that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence show that jury verdicts reflect reasonable judgments of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.