How to File a Medical Malpractice Lawsuit

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

A medical malpractice lawsuit can be filed if a healthcare professional is negligent or has committed misconduct or committed a mistake or failed to act. The injured party may be able to seek compensation damages, including actual economic losses such as past and future medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof to be successful. The injured person or their lawyer should the patient die, must show each of these legal elements:

The defendant did not fulfill that obligation. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself does not cause an injury, but it must be proved that the breach directly caused the injury and was the primary cause of the injury.

In order to protect the rights of a patient, and to ensure that a physician is not committing further errors, it is required to file a claim with the state medical board. A report is not a lawsuit however, it is an effective first step towards initiating the malpractice lawsuit. It is recommended to speak with an Syracuse malpractice lawyer prior to making any report or other document.

Summons

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

The next step is to gather evidence by pretrial disclosure. This involves making requests for evidence including hospital billing and clinic notes, as well as taking the deposition of the defendant's physician. Attorneys will then inquire with the defendant under oath about his or her knowledge of the case.

The information provided will be used by the attorney representing the plaintiff to establish the elements of an action for medical malpractice at trial. This includes the existence of a duty on the doctor's part to provide treatment and treatment to patients; the doctor's breach of this duty an causal connection between the breach and the patient's death or injury and a significant amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence pertinent to their case. This includes medical records from before and after an incident of alleged negligence, information about experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been caused, and the names and contact details of witnesses who will be testifying during the trial.

There are many states with a statute of limitations that limits the length of time that a patient is allowed to seek compensation for injuries caused by an error in medical care. The time limit is usually set by law in the state, and are subject to rules called the "discovery rule."

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

Deposition

Depositions are questions and answer sessions that are conducted in front of a court reporter who records both the questions and the answers. Depositions are a part of the discovery process through which the parties collect evidence to use in the trial.

Attorneys can pose a number of questions to witnesses, usually doctors. When a doctor is questioned they must answer all questions truthfully under the oath. Typically, the doctor is first interrogated by an attorney before being interviewed by another attorney. This is a crucial phase of the process and requires the complete attention and focus of the physician.

Depositions are a great opportunity for lawyers to gather a detailed background of the doctor, including their education, training, and experience. This information is crucial to establish that the doctor violated the standard of care in your particular case and that the breach directly resulted in injury. For example, physicians who have trained in the area of malpractice cases generally declare that they have a vast experience in the execution of specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This begins the process of legal disclosure, also known as discovery. Your doctor and your team will work together to gather evidence to support your case. This evidence usually includes medical records as well as testimony from an expert witness.

The purpose of proving malpractice is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor followed the standard of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your lawyer.

Despite the common belief that doctors are the target of unsubstantiated claims of malpractice the decades of evidence confirm 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 before trial.