How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must spend a significant amount of time and money in many medical malpractice lawsuits. This can include physician hours and work product attorneys' time court costs and expert witness fees and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent, has committed misconduct, made an error, or acted in a way that was not. Injury victims may seek compensatory damages, which include economic losses such as future and past medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires evidence of credibility to be successful. The patient who has been injured (or their attorney if they've died) must show each of these legal elements of the claim:

That a hospital or doctor was bound to follow the standards of care in force. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is typically required to file a complaint to a state medical board in order to protect patients' rights and ensure that the doctor doesn't engage in further negligence. However, filing a report does not initiate an action, and is often just a first step to getting the malpractice claim moving. It is recommended to speak with an Syracuse malpractice lawyer prior to filing any report or document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court will review the documents. If it is determined that there could be a malpractice claim the lawyer will file an affidavit as well as a complaint with the court, detailing the possible error.

The next step is obtaining evidence through pretrial disclosure. This includes the submission of requests for documentation, such as hospital billing and clinic notes, as well as taking depositions of the defendant's physician. Attorneys then will question the defendant under oath regarding 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 during trial. These include the existence of an obligation on the doctor's part to provide medical malpractice attorneys (Recommended Web site) care and treatment to patients; the doctor's breach of this duty a causal link between the breach and the patient's injury or death; and a sufficient amount of damages resulting from the death or injury to justify a monetary award of compensation.

Discovery

During the process of discovery, both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of alleged negligence, information regarding experts and tax returns, copies of the tax return or other documentation related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact details of witnesses who will be testifying at trial.

The majority of states have a statute of limitation that permits injured patients the time period of a certain amount of years after a medical error to bring a lawsuit. These time limits are typically set by law in the state, and they are subject to rules referred to as the "discovery rule."

In order to win a medical malpractice case an injured victim 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 injury or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions and answers. The deposition is an element of the discovery process through which the parties gather information to use in a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. When a physician is deposed and questioned, they must answer the questions truthfully under the oath. Usually, the physician is asked questions by an attorney and then cross-examined by another attorney. This is a crucial phase of the process and requires the complete concentration and attention of the physician.

A deposition is a great method for lawyers to obtain an in-depth background on the doctor, including his or their education, training, and experience. This information is essential to proving the doctor breached your standards of care and caused injury. Physicians who have been educated in this field will typically be able to prove they have experience performing specific procedures and techniques that could be relevant to your particular medical-malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the appropriate court. This triggers a legal procedure of disclosure, also known as discovery, where you and your doctor's team work together to gather evidence to prove your case. The evidence usually consists of medical records as well as testimony from experts.

The purpose of proving malpractice is to establish that the actions of your doctor fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries wouldn't have occurred if your doctor acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented to you by your attorney.

Despite the myth that doctors are the target of fraudulent malpractice claims, decades of empirical evidence show that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.