How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in many medical malpractice lawsuits. This investment includes physician hours and work product attorneys' time, court costs as well as expert witness fees and many other costs.

An injury caused by a healthcare professional's negligence, mistake, or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim to be successful. The injured person or their attorney if the patient has died, must demonstrate each of these legal elements:

That a doctor or hospital had a responsibility to act in accordance with the standards of care in force. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not directly cause injury. It must be proven that it directly caused the injury and was the proximate reason for the injury.

It is typically necessary to file a claim with a state medical body to protect the rights of the patient and to ensure that the doctor does not commit further malpractice. A report is not a lawsuit, but it can be an excellent first step in starting the malpractice claim. It is advisable to speak with an Syracuse malpractice attorney before making any report or 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 lawyer appointed by the court will review these documents. If it is determined that there is a malpractice case the lawyer will file an affidavit, along with a complaint to the court, detailing the alleged error.

The next step is to collect evidence through pretrial disclosure. This involves submitting requests for documentation such as hospital bills or clinic notes, and taking depositions of the defendant's physician. Attorneys will then ask the defendant on oath about their knowledge of the case.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a medical malpractice case during trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the doctor's breach of this duty an causal connection between the breach and the patient's injury or death and a substantial amount of damages that result from the death or injury to justly award monetary compensation.

Discovery

During the process of discovery, both sides are able to seek and receive evidence pertinent to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documentation related to expenses out of pocket that the plaintiff claims to have attributable to them, and the names and contact details of witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that limit the amount of time a patient can pursue a lawsuit after being injured due to an error made by a doctor. The time limit is set by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a Medical Malpractice Law Firms malpractice case, an injured patient must prove that a doctor's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence a court reporter, who takes notes of the questions as well in the responses. The deposition is a part of the process of discovery, which involves gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a series of questions. When a doctor is deposed, they must answer all questions honestly under an oath. Typically, the doctor is first asked questions by an attorney before being interrogated by a different attorney. This is a crucial step in the case and the physician must give it their full attention.

A deposition is a great method for lawyers to obtain details about the doctor, including his or the doctor's education, training and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach directly caused you injury. Physicians who have received training in this area often affirm that they have years of experience in performing certain procedures and techniques that may be relevant to a specific medical-malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This begins a legal disclosure process called discovery. Your doctor and your team will collaborate in order to gather evidence that can prove your case. This evidence typically includes medical records and the testimony of expert witnesses.

The objective of proving that you have committed a malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts generally reflect fair evaluations of damages and negligence and juries are skeptical of overinflated damages awards. The majority of malpractice cases settle prior to trial.