How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment includes attorney time, court fees, expert witness fees and other costs.

An injury caused by an healthcare professional's negligence, incompetence, error or omission can give rise to a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic losses, such as past and future medical bills, as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires proof 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:

A hospital or doctor had a responsibility to follow the standards of care in force. The defendant erred in his duty. That the breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury; it must be shown that the breach directly caused the injury and was the proximate reason for the injury.

It is usually necessary to file a claim with a state medical body in order to protect the rights of the patient and to ensure that the doctor does not engage in further malpractice. A report is not a lawsuit, however, it is the first step to initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal procedure, a summons or claim forms is filed with the court, and then delivered to the doctor who is the defendant. A plaintiff's lawyer appointed by the court will review the documents. If it appears that there is a malpractice issue, the lawyer will file an affidavit as well as a complaint with the court, detailing the possible error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document such as hospital billing information and notes from the clinic, and then taking the defendant physician's deposition in which attorneys ask the defendant on his or his knowledge of the situation under the oath.

This information will be used by the attorney representing the plaintiff to establish the elements of an action for medical malpractice in the course of 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 an causal connection between the breach and the patient's injury or death and a sufficient amount of damages that result from the death or injury to warrant a monetary award for compensation.

Discovery

During the process of discovery both sides are able to request and receive evidence relevant to the case. This includes medical records prior to and after an incident of negligence, information about experts as well as copies of tax returns or other documents related to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of witnesses who will be testifying at trial.

Most states have a statute of limitations that permits injured patients a certain number of years after a medical error to file a lawsuit. The time limit is usually determined by state law, and they are subject to rules known as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient has to show that the doctor's negligence caused specific harm, like physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who will record the questions as in the responses. The deposition is a part of the discovery procedure, which involves gathering information that can be used in the trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. If a doctor is interrogated, they must answer all questions in a straight and honest manner under an oath. Usually, the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is a crucial stage of the case and requires the complete concentration and attention of the physician.

A deposition is a way for attorneys to gain a thorough understanding of the doctor in terms of his or her education, training and experience. This information is crucial to convincing the court that the doctor did not adhere to your standard of care and caused injury. For instance, doctors who have been trained in the field of malpractice cases usually be able to prove that they have a lot of experience performing certain procedures and techniques that may be relevant to a specific medical malpractice lawyer malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This initiates a legal process of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This typically comprises medical records and testimony from an expert witness.

The goal of proving negligence is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standards of care. The lawyers for your doctor will present arguments that are contrary to the evidence that your attorney has presented.

Despite the myth that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence show that juries make reasonable assessments of damages and negligence, and that juries are skeptical of excessive award amounts. The majority of malpractice cases settle prior to trial.