How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This investment includes attorney time court fees, expert witness fees and other expenses.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission can give rise to a medical malpractice claim. The injured party may be able to seek compensation damages, including actual economic loss, such as the past and future medical bills as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility for success. The injured patient (or their attorney if they've died) must demonstrate each of the following legal aspects of the claim:

The defendant breached the obligation. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury; however, it must be shown that the breach directly caused the injury and was the proximate cause of the injury.

It is often required to file a complaint with a state medical body in order to protect the patient's rights and ensure that the doctor does not commit further malpractice. However, filing a report does not initiate an action, and is often just a beginning step in getting the malpractice claim moving. It is recommended to consult with a Syracuse lawyer for malpractice before filing a report, or any other type of document.

Summons

As part of the legal process, the summons or claim form is filed with the court and delivered to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there could be an incident of malpractice the lawyer will file an affidavit and complaint with the court describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document such as hospital invoices and clinic notes and conducting a deposition of the doctor who is being sued in which attorneys ask the defendant on his or his knowledge of the case under the oath.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice case at trial. This includes the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's infraction of this duty a causal link between the breach and the patient's death or injury and a significant amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the process of discovery, each side is entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and following the suspected malpractice, information on expert witnesses as well as copies of tax returns or other documentation relating to expenses out of pocket that the plaintiff claims they incurred, and the names and contact details of any witnesses who are scheduled to be called to testify in the trial.

Most states have a statute of limitations that permits injured patients the time period of a certain amount of years after a medical mishap to pursue a lawsuit. The time limit is usually set by law of the state, and are subject to rules known as the "discovery rule."

To win a medical malpractice attorney malpractice case the patient who was injured must prove that a doctor's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of an official court reporter who records both the questions and the responses. The deposition is a part of the discovery process, in which parties gather information for use in the trial.

Depositions permit attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is deposed to testify, he or she must answer all questions honestly under oath. Usually, the physician is first interrogated by an attorney and later the attorney is cross-examined by another attorney. This is a crucial phase in the trial and the physician has to pay attention to it with all their heart.

A deposition is a fantastic method for lawyers to obtain a detailed background of the doctor, including his or his education, training and experience. This information is crucial to prove that the doctor did not meet the standard of care in your case and that the breach caused you harm. Physicians who have been educated in this area are likely to affirm that they have years of knowledge of certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This begins the process of legal disclosure, also known as discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. This usually includes medical records and testimony from expert witnesses.

To prove that you committed a crime, you must establish that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your doctor acted according to the standards of care. Your doctor's lawyers will argue arguments that are contrary to the evidence that your attorney has presented.

Despite the belief that doctors are targets for frivolous malpractice claims, decades of empirical research shows that jury verdicts tend to reflect reasonable evaluations of damages and negligence, and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases are settled prior to trial.