How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and attorneys. This includes attorney time court fees as well as expert witness fees and other costs.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal, made an error, or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss such as future and past medical bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to be successful. The injured patient (or their attorney if they've passed away) must demonstrate each of the following legal elements of the claim:

A hospital or doctor had a duty to act according to the applicable standard of care. The defendant failed to meet this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not directly cause injury. It must be proven that it directly caused the injury and was the primary cause for the injury.

It is sometimes necessary to file a complaint with a medical board in the state in order to safeguard patients' rights and ensure that the doctor does not engage in further malpractice. A report is not a lawsuit but it could be the first step to getting the malpractice claim started. It is generally recommended to speak with a Syracuse malpractice lawyer prior to making a report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court and handed to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will then review these documents and, if it appears that there may be an instance of malpractice then they will file a complaint and affidavit before the court describing the alleged medical error.

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

This information will be used by the plaintiff's lawyer to establish the elements of an action for medical malpractice in the course of 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 physician's violation of this duty and a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery process, each side is entitled to seek and receive evidence pertinent to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information about experts and tax returns or other documentation relating to out-of-pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of any witnesses who are expected to testify during the trial.

Most states have a statute-of-limitations which limits the amount of amount of time a patient can pursue a lawsuit after being injured due to an error in medical malpractice law firms care. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."

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

Deposition

Depositions are question and answer sessions that take place in the presence of a court reporter who documents both the questions and responses. Depositions are a part of the process of discovery in which the parties gather information to be used in a trial.

Depositions permit attorneys to ask witnesses, often doctors for a series of questions. When a physician is deposed, they must answer all questions honestly under an oath. Typically, the doctor is first interrogated by an attorney, and then the attorney is cross-examined by another attorney. This is an important stage in the case and the physician must give it their full attention.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to prove that the doctor did not meet the standards of care in your situation and that the breach caused you harm. Physicians who have received training in this area are likely to testify they have extensive knowledge of certain procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This is the beginning of the process of legal disclosure known as discovery. Your doctor and your staff will work together to gather evidence to support your case. The evidence typically includes medical malpractice attorneys records and expert witness testimony.

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

Despite the common belief that doctors are targets for frivolous claims of malpractice years of evidence confirm that jury verdicts are based on reasonable judgments of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle before trial.