How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This investment includes attorney time, court fees as well as expert witness fees and other costs.

A medical malpractice claim can be filed when a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or failed to take action. Victims of injury may seek compensation damages, which include economic loss such as past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be able to prevail. The person who was injured (or their attorney if they've passed away) must show each of these legal aspects of the case:

A hospital or doctor had a duty to act in accordance with the standards of care in force. 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 will not necessarily cause injury. It must be demonstrated that it directly caused the injury and was the primary cause for the injury.

It is sometimes necessary to file a formal complaint with a medical board in the state in order to protect the rights of the patient and ensure that the doctor does not commit further malpractice. A report is not a lawsuit however, it is an effective first step towards beginning the process of bringing a malpractice claim. It is usually recommended to consult a Syracuse attorney for malpractice prior to filing a report or other type of document.

Summons

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

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents such as hospital billing information or clinic notes, as well as taking the defendant's deposition where lawyers question the defendant on his or their knowledge of the matter under an oath.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical negligence claim in court. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's infraction of this duty causality between the breach and the patient's death or injury and a sufficient amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the discovery process, both sides are able to request and receive evidence relevant to the case. This includes medical records before and after the incident of mishaps, information about expert witnesses, copies of tax returns or other documentation related to the out-of-pocket expenses that the plaintiff claims were incurred along with the names and contact information for any witnesses who will testify at trial.

The majority of states have a statute of limitations that permits injured patients an amount of time after a medical mishap to pursue a lawsuit. The length of time is typically set by law in the state, and are subject to rules called the "discovery rule."

In order to win a medical malpractice lawsuit the injured person must prove that the doctor's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation -which means that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence a court reporter, who is able to record the questions as and the answers. The deposition is a part of the discovery process, which involves gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a series of questions. If a doctor is interrogated, they must answer all questions honestly under oath. Usually, the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is an important stage in the trial and the physician has to give it their full attention.

A deposition is a way for attorneys to gain a thorough understanding of the doctor in terms of his or his education, training, and experience. This information is crucial to proving the doctor breached your standards of care and caused you harm. Doctors who have been trained in this area often be able to prove they have experience in performing specific procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This initiates a legal process of disclosure, referred to as discovery where you and your doctor's team collaborate to collect information to prove your case. This typically consists of medical records as well as testimony from experts.

To prove malpractice it is essential to establish that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standards of care. Your doctor's lawyers will argue arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims decades of empirical research shows that jury verdicts tend to reflect fair assessments of negligence and damages and that juries are skeptical of damages that are exaggerated. The majority of malpractice cases are settled before trial.