How to File a Medical Malpractice Lawsuit

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

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

Complaint

A medical malpractice case is complex and requires proof of credibility for success. The person who was injured, or their attorney if the patient has died, must prove each of these legal elements:

That a doctor or hospital had a duty to follow the standards of care in force. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't cause injury on its own. It must be proven that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a complaint with a state medical malpractice law firms body to protect the patient's rights and ensure that the doctor doesn't commit further errors. However, filing a report does not start the process of a lawsuit, and is typically just a first step to getting the malpractice claim moving. It is generally recommended to consult with an Syracuse malpractice lawyer prior to filing a report, or any other document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will look over these documents. If it appears that there could be a malpractice claim the lawyer will file an affidavit and complaint with the court, describing the claimed mistake.

The next step is obtaining evidence by pretrial disclosure. This involves submitting requests to document like hospital billing information as well as notes from clinics and taking the deposition of the defendant's physician during which lawyers ask the defendant about his or his knowledge of the situation under an oath.

The attorney for the plaintiff will use this information to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the doctor's violation of this duty and a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the discovery process both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information on experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket the plaintiff claims have been paid, as well as the names and contact information of any witnesses who are expected to testify at trial.

Most states have a statute of limitation that allows injured patients only an amount of time after a medical malpractice lawsuits error to make a claim. The time limit is usually set by law in the state, and are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient must demonstrate that the negligence of the doctor caused specific harm, such as physical pain, or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence a court reporter, who is able to record the questions as in the responses. Depositions are part of the discovery process which involves gathering information that can be used in the course of a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. If a doctor is interrogated and questioned, they must answer all questions truthfully under the oath. Usually, the physician is initially questioned by an attorney and later interviewed by another attorney. This is a crucial phase in the case and the physician has to be attentive to the case.

A deposition is a fantastic opportunity for lawyers to gather a detailed background of the doctor, including his or their education, training, and experience. This information is crucial for convincing the court that the doctor did not adhere to your standards of care and that this breach caused you injury. For example, physicians who have completed training in the field of malpractice cases usually declare that they have a vast experience in the execution of specific procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the court of your choice. This starts 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 evidence typically includes medical records and the testimony of expert witnesses.

To prove malpractice it is necessary to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had acted in accordance with the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented by your lawyer.

Despite the myth that doctors are the target of fraudulent malpractice claims years of evidence shows that jury verdicts reflect fair judgments of negligence and damages and that juries are skeptical of excessive award amounts. The vast majority of malpractice cases settle before trial.