How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in numerous medical malpractice lawsuits. This investment covers physician time and work product attorneys' time court costs as well as expert witness fees and countless other expenses.

A medical malpractice claim may be filed if a healthcare professional is negligent or has committed misconduct or erred, or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, which include economic losses, such as future and past Medical malpractice attorneys bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be able to prevail. The patient who has been injured (or their attorney if they have died) must prove each of the following legal elements of the claim:

The hospital or doctor was bound to perform its duties in accordance with the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care does not in itself cause injury. It must be shown that it directly caused the injury and was the main reason for the injury.

It is often necessary to file a claim with a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't commit additional errors. However, filing a claim does not initiate a lawsuit and is often just a first step to moving the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over the documents. If it is determined that there may be a malpractice case the lawyer is required to file an affidavit as well as a complaint with the court, detailing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation including hospital billing and clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath regarding their knowledge of the case.

This information will be used by the attorney representing the plaintiff to prove the elements of a medical malpractice claim during 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 relationship between the breach and the patient's injury or death and a substantial amount of damages that result from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery process both sides are allowed to request and receive evidence that is relevant to the case. This includes medical malpractice attorney records before and after the alleged malpractice, information about experts and tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred, along with the names and contact information for witnesses who are expected to be present at trial.

Most states have a statute-of limitations that limit the period that a patient must claim compensation after suffering injuries due to an error in medical malpractice lawyers care. The length of time is typically set by law of the state, and are subject to a rule known as the "discovery rule."

In order to win a medical malpractice lawsuit an injured victim must prove that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings which take place in the presence a court reporter, who takes notes of the questions as well as the answers. Depositions are part of the discovery process, in which parties collect information for use in a trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a physician is questioned by a lawyer, the doctor must answer each question truthfully under an oath. Usually, the physician is first asked questions by an attorney and later interviewed by another attorney. This is a crucial phase of the trial and requires the full attention and focus of the physician.

A deposition can help attorneys get a complete background on the doctor's background, including his or his education, training, and experience. This information is crucial in showing that the doctor violated your standard of care and caused you harm. For example, physicians who have completed training in the field of malpractice cases typically will affirm that they have extensive knowledge of certain procedures and practices that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and a summons. This is the beginning of a legal disclosure process called discovery. You and your doctor's staff will work together to collect evidence to support your case. This typically comprises medical records and expert witness testimony.

To prove malpractice you must prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor acted in accordance with the standards of care. Your doctor's lawyers will present defenses that contradict the evidence provided by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts typically reflect reasonable evaluations of damages and negligence and juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.