How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest significant time and money in many medical malpractice law firms malpractice lawsuits. This includes attorney time court fees as well as expert witness fees and other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has committed misconduct or erred, or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses as well as non-monetary damages, like discomfort and pain.

Complaint

A medical Malpractice law firm malpractice case is a complicated one and requires proof of credibility to be able to prevail. The injured patient or their attorney, should the patient die, must show each of these legal elements:

That a doctor or hospital had a responsibility to act in accordance with the standard of care applicable. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the main reason for the injury.

In order to protect the rights of patients, and to ensure that a doctor doesn't commit any further wrongdoing, it's necessary to file a report with the state medical board. But, filing a report is not a way to start an action, and is often just a step towards getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A court-appointed lawyer for the plaintiff will then go over these documents and, if they believe that there may be a case of malpractice then they will submit a complaint and an affidavit before the court describing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information or clinic notes, as well as taking the defendant physician's deposition in which attorneys ask the defendant on his or his knowledge of the case under an oath.

The information provided will be used by the attorney representing the plaintiff to prove elements of a claim for medical 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 care and treatments to patients, the physician's violation of this duty, a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery process, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records before and after the mishaps, information about experts and tax returns, copies or other documents relating to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact information for witnesses who are expected to be present at trial.

The majority of states have a statute of limitations that limits the amount of time a patient can seek compensation for injuries caused by an error made by a doctor. The length of time is typically determined by state law, and are subject to rules known as the "discovery rule."

In order to win a medical negligence case an injured victim must prove that a physician's negligence caused harm to a specific person 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 questions and answer sessions conducted in the presence of a court reporter who documents both the questions as well as the answers. The deposition is a part of the discovery process which is about gathering information that can be used in the course of a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. If a physician is interrogated and questioned, they must answer each question truthfully under oath. Typically, the doctor is first questioned by an attorney and later the attorney is cross-examined by another attorney. This is an essential stage of the trial and requires the complete concentration and attention of the physician.

A deposition is a great way for attorneys to get an extensive background on the doctor, including his or her training, education and experience. This information is crucial to establish that the doctor violated the standard of care in your particular case and that the breach caused you injury. For instance, doctors who have received training in the area of malpractice cases typically will be able to prove that they have a lot of experience performing certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the appropriate court. The process begins with a legal requirement of disclosure, also known as discovery, which is where you and your doctor's team work together to gather evidence to prove your case. This usually includes medical records as well as testimony from experts.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standard of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are the target of unsubstantiated claims of malpractice the decades of evidence show that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases are settled before trial.