How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and lawyers. This can include attorney time, court fees expert witness fees, court costs and other expenses.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has committed misconduct or committed an error or failed to take action. The injured party can seek compensation for economic losses, including future or past medical expenses and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to win. The injured patient or their attorney, if the patient has died, must show each of these legal elements:

The defendant breached the duty. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not cause injury on its own. It must be proved that it directly caused the injury and was the proximate reason for the injury.

It is often necessary to file a claim with a state medical malpractice lawyers body to protect the rights of the patient and ensure that the doctor doesn't commit further mistakes. However, filing a report is not a way to start the process of a lawsuit, and is typically only a first step in getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for plaintiff will then review these documents and, if it appears that there may be an issue with malpractice and they file an affidavit and complaint to the court detailing the alleged medical error.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for documentation including hospital billing and clinic notes, as well as taking depositions of the defendant physician. Attorneys then will question the defendant under oath about the details of the case.

This information will be used by the plaintiff's lawyer to prove the elements of an action for medical malpractice at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the doctor's infraction of this obligation, a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records that were taken prior to 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 attributable to them, and the names and contact details of witnesses who will be appearing at trial.

The majority of states have a statute of limitations that limit the time a patient has to seek compensation for injuries caused by medical malpractice lawyer error. The time limit is set by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice case the patient who was injured must show that a doctor's negligence caused harm to a specific person for example, physical pain or loss of income. They must also prove causationwhich means 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 the court reporter who takes notes of both the questions and answers. The deposition is an element of the discovery process which consists of gathering information that can be used in the course of a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a series of questions. When a doctor is questioned, they must answer all questions in an honest and open manner under oath. Typically, the doctor is first interrogated by an attorney and then interviewed by another attorney. This is a crucial phase of the trial and requires the full attention and focus of the physician.

A deposition is a great opportunity for lawyers to gather an in-depth background on the doctor, including the doctor's education, training and experience. This information is crucial to showing that the doctor violated the standard of care you expect and caused you harm. For instance, doctors who have trained in the area of malpractice cases will typically be able to prove that they have a lot of experience performing certain procedures and methods that may be relevant to a specific medical malpractice claim.

Trial

A civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect information to prove your case. The evidence typically comprises medical records and testimony from an expert witness.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor followed the standard of care. The lawyers for your doctor will present arguments that do not agree with the evidence provided by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims years of empirical research has shown that jury verdicts usually reflect reasonable evaluations of damages and negligence and that juries are skeptical of overinflated damages awards. The majority of malpractice cases settle prior to trial.