How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes attorney time court fees expert witness fees, and other costs.

An injury resulting from medical professional's negligence, mistake, or omission can result in a medical malpractice claim. Victims of injury may seek compensation damages, including the actual economic loss, such as the future and past connecticut medical malpractice law firm bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be able to prevail. The injured person or their attorney when the patient has passed away, must demonstrate each of these legal elements:

A hospital or doctor was required to perform its duties in accordance with the standards of care in force. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care does not cause injury; 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 board in order to safeguard the rights of the patient and ensure that the doctor doesn't engage in further mistakes. However, filing a claim is not the start of a lawsuit and is often only a first step in making the malpractice claim move. It is generally recommended to consult an Syracuse attorney for malpractice prior to filing a report, or any other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if it appears that there may be a case of malpractice the lawyer will file a complaint along with an affidavit with the court describing the medical error that is claimed to be the cause.

The next step is to obtain evidence through pretrial disclosure. This includes making requests for evidence, such as hospital billing and clinic notes, as well as taking depositions of the defendant physician. Attorneys will then question the defendant under oath regarding his or her knowledge regarding the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical negligence claim at trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's breach of this duty, a causal link between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are able to seek and receive evidence pertinent to the case. This includes crown point medical malpractice lawsuit records from before and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been caused, and the names and contact information of witnesses who will testify in the trial.

Most states have a statute of limitation that gives injured people an amount of time after a medical mishap to file a lawsuit. These time limits are determined by state laws and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice case the patient who was injured must show that a doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in the presence of a court reporter who will record the questions as with the answers. The deposition is an element of the process of discovery in which parties gather information for use in a trial.

Depositions allow attorneys to ask witnesses, usually doctors, a series of questions. If a physician is interrogated to testify, he or she must answer all questions honestly under an oath. Usually, the physician is initially questioned by an attorney, and then the attorney is cross-examined by another attorney. This is an essential stage of the trial and requires the complete concentration and attention of the doctor.

A deposition allows attorneys to gain a thorough understanding of the doctor's qualifications in relation to his or their education, training and experience. This information is essential to proving the doctor breached your standards of care and that this breach resulted in injury to you. For example, physicians who have completed training in the field of malpractice cases typically will testify that they have vast experience in performing certain procedures and practices that could 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 appropriate court. This is the beginning of the process of legal disclosure, also known as discovery. You and your doctor's team will work together to collect evidence to support your case. This usually includes medical records as well as testimony of an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor 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 followed the standards of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims decades of empirical research shows that jury verdicts generally reflect reasonable judgments about the extent of negligence and damages, and that juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.