How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and lawyers. This investment includes physician hours and work product attorneys' time, court costs, expert witness fees, and many other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or committed an error or failed to act. Injury victims can seek compensation for economic losses, including past or future medical Malpractice law firms expenses, as well as noneconomic damages, like discomfort and pain.

Complaint

A medical malpractice lawyer malpractice case is complex and requires a solid proof of the claim for success. The injured party (or their attorney if they've died) must prove each of the following legal elements of the claim:

The defendant violated this duty. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "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 main cause of the injury.

It is typically required to file a complaint to a state medical board in order to protect the patient's rights and ensure that the doctor does not commit further malpractice. However, filing a claim is not the start of the process of a lawsuit, and is typically only a first step in making the malpractice claim move. It is generally recommended to consult with an Syracuse attorney for medical malpractice law firms malpractice prior to filing a report, or any other type of document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and delivered to the defendant doctor. A plaintiff's lawyer who is appointed by the court will review these documents. If it appears there is a malpractice issue and the lawyer files an affidavit, along with a complaint to the court, describing the possible mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation including hospital billing and notes from clinics, and taking depositions of the defendant's doctor. Attorneys will then question the defendant under oath about their knowledge of the case.

The plaintiff's attorney will use this evidence to prove the elements of a claim for medical malpractice at trial. The elements of a medical malpractice lawyer malpractice case include the existence of a duty on the part of the doctor to provide treatment and care to patients, the physician's failure to fulfill 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 discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records prior to and following the an alleged malpractice, details about experts and tax returns, copies or other documentation relating to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact information 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 the time period of a certain amount of years after an injury or medical mistake to make a claim. The length of time is typically determined by the law of the state and are subject to rules known as the "discovery rule."

In order to win a medical malpractice claim an injured victim must prove that a physician's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation i.e. that negligence caused their death or injury.

Deposition

Depositions are sessions of question and answer that take place in the presence of a court reporter who records the questions as well with the answers. Depositions are a part of the process of discovery in which the parties gather information to use in the trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. If a doctor is deposed and questioned, they must answer the questions truthfully under an oath. Typically, the doctor is first asked questions by an attorney, and then interviewed by another attorney. This is a crucial stage of the process and requires the complete attention and focus of the doctor.

A deposition can help attorneys get a complete background on the doctor's qualifications in relation to his or the training, education and experience. This information is essential to proving the doctor breached the standard of care you expect and that this breach caused you harm. Physicians who have received training in the area will often testify they have extensive experience in performing specific procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This begins the legal disclosure process known as discovery. You and your doctor's team will collaborate to gather evidence to support your case. The evidence usually consists of medical records and the testimony of expert witnesses.

To prove that you committed a crime it is essential to establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are targets for false claims of malpractice, decades of empirical evidence show that jury verdicts reflect reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.