How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This includes attorney time court fees as well as expert witness fees and other costs.

A traumatic injury caused by medical professional's negligence, misconduct, error or omission can lead to medical malpractice claims. Injury victims may seek compensatory damages, which could include actual economic losses such as past and future medical malpractice attorney bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to win. The injured person or their attorney, when the patient has passed away, must be able to prove each of these elements:

The defendant violated this duty. The defendant violated this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't directly cause injury. It must be demonstrated that it caused the injury directly and was the proximate reason for lawsuits the injury.

In order to protect the rights of patients, and lawsuits to ensure that a physician does not commit further mistakes, it is essential to file a complaint with the state medical board. But, filing a report does not initiate a lawsuit and is often just a step towards making the malpractice claim move. It is recommended to consult an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court will review these documents. If it appears there is a malpractice case, the lawyer will file an affidavit, along with a complaint to the court, detailing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation such as hospital bills and clinic notes, and taking depositions of the defendant physician. Attorneys will then inquire with the defendant on oath about his or her knowledge regarding the case.

This information will be used by the attorney representing the plaintiff to prove elements of a medical malpractice claim in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide treatment and care to patients, the doctor's breach of this duty, a causal link between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and after the incident of mishaps, information about experts and tax returns or other documentation related to the out-of-pocket expenses that the plaintiff claims were incurred, and the names and contact details for any witnesses who will be called to testify in the trial.

The majority of states have a statute of limitations that permits injured patients an amount of time after a medical error to file a lawsuit. The time limit is set by state laws and are subject to a law known as the "discovery rules."

In order to win a medical malpractice case an injured victim must prove that a physician's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question and answer sessions that take place in the presence of a court reporter who documents both the questions and answers. Depositions are part of the discovery process through which the parties gather information for use in the trial.

Depositions allow attorneys to ask witnesses, often doctors, a series of questions. If a doctor is interrogated they must answer all questions in a straight and honest manner under the oath. Usually the physician is asked questions by one attorney and then cross-examined by another attorney. This is an important stage in the case, and the physician must focus on it with complete attention.

A deposition is a way for attorneys to gather a full background of the doctor's background, including his or the training, education and experience. This information is crucial in proving the doctor breached your standard of care and caused injury. Doctors who have been trained in this field will typically be able to prove they have experience with certain procedures and techniques that could be relevant to a specific 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 begins a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records and testimony from experts.

To prove that you committed a crime, you must establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will present defenses that contradict the evidence that your attorney has presented.

Despite the common belief that doctors are targets for frivolous claims of malpractice years of evidence shows that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of excessive award amounts. The vast majority of malpractice cases settle prior to trial.