How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest considerable time and funds in numerous medical malpractice lawsuits. This investment covers physician time and work product and attorney time court costs as well as expert witness fees and many other costs.

A medical malpractice lawyer malpractice lawsuit can be filed when a healthcare professional is negligent or Medical Malpractice Law Firms has committed misconduct, made an error, or failed to act. The injured party may be able to seek compensation damages, including actual economic losses, such as future and past medical bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The injured patient (or their attorney if they've died) must show each of these legal elements of the claim:

The hospital or doctor was required to follow the standards of care in force. The defendant breached this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't necessarily cause injury. It must be proved that it directly caused the injury and was the main reason for the injury.

It is often required to file a complaint with a state medical Malpractice law Firms body in order to safeguard patients' rights and ensure that the doctor does not commit additional negligence. A report is not a lawsuit however, it is the first step to getting the malpractice claim started. It is recommended to speak with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and then handed to the doctor who is the defendant. A plaintiff's lawyer appointed by the court will go through these documents. If it is determined that there could be a malpractice claim the lawyer is required to file an affidavit, along with a complaint to the court, describing the alleged error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves making requests for evidence such as hospital bills and notes from clinics, and taking the deposition of the defendant's doctor. Attorneys will then inquire with the defendant under oath as to his or her knowledge regarding the case.

This information will be used by the plaintiff's lawyer to prove elements of an action for medical malpractice attorney malpractice in the course of trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's breach of this duty and 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 during the discovery phase, both parties are able to request evidence relevant to their case. This includes medical records from before and after an incident of negligence, information on experts and tax returns, copies of the tax return or other documents related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will be appearing at trial.

There are many states with a statute of limitations that restricts the period that a patient must claim compensation after suffering injuries due to a medical mistake. The time limit is usually determined by the law of the state and they are subject to rules known as the "discovery rule."

To prevail in a medical malpractice case, an injured patient must show that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence of a court reporter who will record the questions as in the responses. The deposition is a part of the discovery procedure, which involves gathering information that can be used in the course of a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a doctor is questioned, they must answer all questions in an honest and open manner under an oath. Usually the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is an essential stage of the case and requires the complete attention and focus of the doctor.

A deposition is a great way for attorneys to get a detailed background of the doctor, including his or his education, training and experience. This information is essential to convincing the court that the doctor did not adhere to the standard of care you expect and resulted in injury to you. Physicians who have been educated in this area are likely to be able to prove they have knowledge of certain procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. You and your doctor's team will work together in order to gather evidence that can prove your case. This evidence typically includes medical records as well as testimony from experts.

To prove malpractice it is essential to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standard of care. The lawyer for your doctor will present defenses that go against the evidence presented to you by your attorney.

Despite folklore suggesting that doctors are a target for malpractice claims that are frivolous, decades of empirical research shows that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical about excessive damage awards. The vast majority malpractice cases are settled prior to trial.