How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This includes doctor hours and work product, attorney time court costs, expert witness fees, and many other costs.

A medical malpractice claim may be filed if a healthcare professional is negligent, has committed misconduct or committed an error or failed to take action. Victims of injury can seek compensation for economic losses, such as past or future medical expenses as well as non-monetary damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires reliable evidence to succeed. The patient who has been injured or their lawyer when the patient has passed away, must show each of these legal elements:

A hospital or doctor was required to perform its duties in accordance with the applicable standard of care. That the defendant breached that duty. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care cannot necessarily cause injury. It must be demonstrated that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a claim to a state medical board in order to protect the rights of the patient and ensure that the doctor doesn't commit further mistakes. But, filing a report does not start an action and is usually just a step towards getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court will go through the documents. If it is determined that there is a malpractice issue, the lawyer will file an affidavit, along with a complaint to the court, describing the claimed mistake.

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

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty and a causal connection between the breach and the injury or death of the patient and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request any evidence relevant to their case. This includes medical malpractice attorney records that were taken prior to and after an incident of negligence, information about experts as well as copies of tax returns or other documents relating to out-of pocket expenses that the plaintiff claims have been attributable to them, and the names and contact details of any witnesses who will testify at trial.

The majority of states have a statute of limitation that gives injured people some time after an injury or medical mistake to make a claim. These limitations are set by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice claim, an injured patient must prove that the doctor's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

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

Attorneys may ask a series of questions to witnesses, typically doctors. If a physician is interrogated, he or she must answer each question truthfully under the oath. Typically, the doctor is initially questioned by an attorney before being interrogated by a different attorney. This is an essential stage of the case and requires the full concentration and attention of the doctor.

Depositions allow lawyers to gather a full background of the doctor in terms of his or the training, education and experience. This information is crucial to prove that the doctor did not meet the standards of care in your case and that the breach directly caused you injury. For instance, doctors who have been trained in the field of malpractice cases generally testify that they have vast knowledge of certain procedures and methods that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the appropriate court. This triggers a legal procedure of disclosure, referred to as discovery where you and your physician's team collaborate to collect information to prove your case. This typically comprises medical records and testimony of an expert witness.

To prove that you committed a crime you must prove that the doctor's actions were below the standard 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 standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are frivolous, decades of empirical research shows that jury verdicts usually reflect fair evaluations of damages and negligence and that juries are skeptical of overinflated damages awards. The majority of malpractice cases settle before trial.