How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in many medical malpractice lawsuits. This can include attorney time, court fees expert witness fees, court costs and other costs.

An injury caused by medical professional's negligence, mistakes, or error could result in a medical malpractice claim. Plaintiffs seeking compensation for injuries can file for economic losses, such as future or past medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice attorneys malpractice claim is a complex matter and requires a solid proof of the claim to be successful. The injured person or their lawyer if the patient has died must be able to prove each of these elements:

The defendant breached that obligation. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care does not cause injury on its own. It must be shown that it directly caused the injury and was the proximate reason for the injury.

It is sometimes necessary to file a claim with a state Medical Malpractice Attorney body to protect patients' rights and ensure that the doctor doesn't commit additional malpractice. However, filing a report is not a way to start a lawsuit and is often only a first step in making the malpractice claim move. It is recommended to talk with a Syracuse malpractice attorney before filing any report or 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 on behalf of the plaintiff will then look over the documents and, if it appears that there is an incident of malpractice, they will file a complaint along with an affidavit with the court, describing the medical error that they believe to have committed.

The next step is to collect evidence through pretrial disclosure. This involves the submission of requests for documentation such as hospital bills and notes from clinics, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant on oath about the details of the case.

The information provided will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical malpractice during trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician'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 accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records before and after the mishaps, information about experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims were incurred, and also the names and contact information for any witnesses who will be called to testify in the trial.

Most states have a statute of limitations which allows injured patients a certain number of years after a medical error to bring a lawsuit. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

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

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who will record the questions as with the answers. The deposition is a part of the discovery process through which parties collect information to use in a trial.

Depositions permit attorneys to ask witnesses, typically doctors to answer a set of questions. When a doctor is questioned they must answer all questions truthfully under oath. Typically, the doctor is first asked questions by an attorney, and then interviewed by another attorney. This is a crucial stage of the process and requires the complete attention and focus of the doctor.

Depositions are a great method for lawyers to obtain an extensive background on the doctor, including his or her training, education and experience. This information is crucial for proving the doctor breached your standards of care and resulted in injury to you. Physicians who have been trained in this field will typically affirm that they have years of knowledge of certain techniques and procedures that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This begins the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to gather evidence to prove your case. This typically includes medical records as well as expert witness testimony.

To prove malpractice it is essential to establish that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standard of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your lawyer.

Despite the myth that doctors are the target of unsubstantiated claims of malpractice Evidence from decades demonstrate that juries make reasonable assessments of damages and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled prior to trial.