How to File a Medical Malpractice Lawsuit

Many medical Malpractice attorneys malpractice lawsuits require a lot of time and resources from both physicians and attorneys. This includes doctor hours and work product and attorney time court costs, expert witness fees, and many other costs.

An injury caused by medical professional's negligence, mistake, or omission could result in a medical malpractice claim. Victims of injury may seek compensation damages, which could include actual economic loss, such as the past and future medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires evidence of credibility to be able to prevail. The person who was injured, or their attorney if the patient has died, must demonstrate each of these legal elements:

The defendant violated this duty. The defendant did not fulfill that obligation. The breach directly caused injury to plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the primary cause of the injury.

In order to protect the rights of a patient and to ensure that a doctor does not continue to commit errors, it is required to file a claim with the state medical board. But, filing a report is not the start of a lawsuit and is often just a step towards getting the malpractice claim moving. It is recommended to speak with a Syracuse malpractice attorney before filing any report or 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 plaintiff's lawyer who is appointed by the court will go through these documents. If it is determined that there is a malpractice case, the lawyer will file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step is to collect evidence through pretrial disclosure. This involves submitting requests for documentation like hospital billing records and clinic notes and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant about his or their knowledge of the matter under the oath.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice claim in court. These include the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician'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 be able to justify a monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical records prior to and after an incident of negligence, medical malpractice attorneys information about experts and tax returns or other documents relating to expenses out of pocket the plaintiff claims to have incurred, and the names and contact information of any witnesses who will be testifying during the trial.

Most states have a statute of limitation which allows injured patients some time after an injury or medical mistake to make a claim. The length of time is determined by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice lawsuit, the injured patient has to show that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causation i.e. that negligence caused their death or injury.

Deposition

Depositions are questions-and-answer sessions that take place in the presence of a court reporter who will record the questions as as the answers. The deposition is a part of the process of discovery, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to ask witnesses, typically doctors for a series of questions. When a doctor is deposed they must answer all questions in a straight and honest manner under an oath. Typically, the doctor is asked questions by one attorney and later cross-examined by a second attorney. This is an important stage in the case and the physician has to be attentive to the case.

A deposition is a way for attorneys to get a complete background on the doctor in terms of his or the training, education and experience. This information is crucial to prove that the doctor did not meet the standard of care you expect and that this breach resulted in injury to you. Physicians who have received training in this field will typically be able to prove they have experience in performing certain techniques and procedures that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This initiates a legal process of disclosure, also known as discovery, where you and the doctor's team work together to gather information to prove your case. This evidence typically includes medical malpractice attorney records and testimony from experts.

To prove malpractice it is necessary to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standards of care. The attorneys for your doctor will present arguments that do not agree with the evidence presented by your lawyer.

Despite the myth that doctors are the target of fraudulent malpractice claims Evidence from decades demonstrate that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.