How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment includes attorney time court fees as well as expert witness fees and other expenses.

An injury caused by the negligence of a healthcare professional's mistake, or omission can lead to a medical malpractice claim. Injury victims can seek compensation for financial losses, medical malpractice attorney such as future or past medical expenses and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice case is complex and requires evidence of credibility for success. The patient who has been injured (or their attorney if they've died) must demonstrate each of the following legal elements of the claim:

The defendant breached the obligation. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause injury; it must be proven that the breach directly caused the injury and was the direct cause of the injury.

To safeguard the rights of a patient, and to ensure that a physician does not commit further mistakes, it is essential to file a claim with the state medical board. A report is not a lawsuit but it could be an excellent first step in starting the malpractice claim. It is generally recommended to speak with an Syracuse malpractice lawyer prior to making a report or other type of document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court will review these documents. If it appears there is a malpractice case, the lawyer will file an affidavit and complaint with the court, detailing the suspected error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes filing requests for documents such as hospital bills and notes from clinics, and taking depositions of the defendant physician. Attorneys then will question the defendant under oath as to his or her knowledge of the case.

The lawyer for the plaintiff will utilize this information to prove the elements of a claim for medical malpractice lawyers malpractice in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and the injury or Medical Malpractice Attorney death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process, each side is entitled to request and receive evidence that is relevant to the case. This includes medical records before and following the an alleged malpractice, details about expert witnesses as well as copies of tax returns or other documents relating to the out-of-pocket expenses that the plaintiff claims to have incurred, and also the names and contact details of any witnesses who are scheduled to be present at trial.

Most states have a statute of limitation that permits injured patients some time after a medical mishap to file a lawsuit. The length of time is typically set by law of the state, and are subject to rules known as the "discovery rule."

To win a Medical Malpractice Attorney malpractice lawsuit the injured person must show that a doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causationmeaning, 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 records both the questions as well as the answers. The deposition is a part of the discovery process, which is the process of gathering evidence that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a set of questions. When a doctor is deposed they must answer all questions in an honest and open manner under oath. Usually the physician is asked questions by an attorney and then cross-examined by another attorney. This is a crucial stage in the trial and the physician must focus on it with complete attention.

A deposition is a great method for lawyers to obtain an in-depth background on the doctor, including his education, training and experience. This information is crucial to proving the doctor breached your standard of care and resulted in injury to you. Physicians who have received training in this area are likely to testify they have extensive experience with certain techniques and procedures that could be relevant to a particular medical-malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the court of your choice. This initiates the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to collect evidence to support your case. This evidence typically includes medical records as well as testimony from expert witnesses.

The goal of proving malpractice is to prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your physician acted according to the standards of care. Your doctor's lawyers will present arguments that do not agree with the evidence that your attorney has presented.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect fair evaluations of damages and negligence and juries are skeptical of inflated damage awards. The majority of malpractice cases settle prior to trial.