How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and lawyers. This investment includes attorney time, court fees, expert witness fees and other expenses.

A medical malpractice case can be filed when a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or failed to act. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic losses, such as future and past medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof to be able to prevail. The injured patient or their attorney, should the patient die, must show each of these legal elements:

That a doctor or hospital was bound to follow the standards of care in force. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care is not a cause of injury, but it has to be proved that the breach directly caused the injury and was the primary reason for the injury.

It is often necessary to file a complaint with a state medical body to protect the rights of the patient and to ensure that the doctor doesn't commit any further negligence. A report is not a lawsuit but it could be an excellent first step in initiating the malpractice lawsuit. It is recommended to consult an Syracuse lawyer for malpractice before filing a report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court for the plaintiff will then look over the documents and, if they believe that there may be an issue with malpractice and they submit a complaint and an affidavit with the court describing the medical malpractice attorney error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence, such as hospital billing and clinic notes, and taking the deposition of the defendant's 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 plaintiff's lawyer to prove elements of a medical malpractice claim during trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's violation of this duty; an causal connection between the breach and the patient's death or injury and a sufficient amount of damages that result from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical records from prior to and after an incident of alleged negligence, information about experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims to have caused, and thinktoy.net the names and contact information of any witnesses who will testify at trial.

Most states have a statute of limitations that gives injured people an amount of time after an injury or medical mistake to make a claim. These time limits are determined by the laws of the state and are subject to a regulation known as the "discovery rules."

In order to win a medical malpractice claim the injured person must prove that a physician's negligence caused specific harm like 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 are conducted in the presence of a court reporter who documents both the questions as well as the responses. Depositions are a part of the discovery process in which the parties gather information to use in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a doctor is questioned, they must answer all questions truthfully under an oath. Usually, the physician is asked questions by one attorney, and then cross-examined by a different attorney. This is an important stage in the case, and the physician must give it their full attention.

A deposition is a way for attorneys to get a complete background on the doctor in terms of his or his education, training, and experience. This information is essential for establish that the doctor violated the standards of care in your case and that the breach resulted in injury. For example, physicians who have received training in the field of malpractice cases usually be able to prove that they have a lot of experience in performing certain procedures and practices that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the court of your choice. This begins a legal disclosure process called discovery. Your doctor and your team will collaborate to gather evidence to support your case. This usually includes medical records as well as testimony from experts.

To prove malpractice you must prove that your doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor followed the standards of care. The attorneys for your doctor will present arguments that do not agree with the evidence presented by your attorney.

Despite folklore suggesting that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts tend to reflect fair judgments about the extent of negligence and damages, and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle before trial.