How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This includes attorney time court fees expert witness fees, court costs and other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent, has committed misconduct or erred, or failed to take action. Victims of injury can seek compensation for economic losses, including past or future medical expenses, as well as noneconomic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to succeed. The injured patient, or their attorney if the patient has died, must prove each of these legal elements:

The defendant breached that duty. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury, but it has to be proved that the breach directly caused the injury and was the direct cause of the injury.

It is typically required to file a complaint with a medical board in the state in order to protect the rights of the patient and to ensure that the doctor doesn't commit any further malpractice. However, filing a report does not initiate an action, and is often just a beginning step in making the malpractice claim move. It is recommended to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for plaintiff will then look over the documents and, if they believe that there may be an incident of malpractice the lawyer will submit a complaint and an affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation, such as hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys will then question the defendant on oath about his or her knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a claim for medical malpractice during trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's injuries or death; 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 process, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records prior to and following the suspected malpractice, information on experts and tax returns, copies or other documentation related to expenses out of pocket that the plaintiff claims they incurred, and also the names and contact details of any witnesses who are scheduled to testify at trial.

The majority of states have a statute of limitations which limits the amount of length of time that a patient is allowed to claim compensation after suffering injuries due to medical error. 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 law Firms negligence case the patient who was injured must prove that the doctor's negligence caused harm to a specific person for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are question and answer sessions conducted in the presence of an official court reporter who records both the questions as well as the responses. The deposition is an element of the discovery process, in which the parties gather information to use in a trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. When a physician is deposed and questioned, they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first asked questions by an attorney and then interviewed by another attorney. This is an important stage of the case and requires the full concentration and attention of the doctor.

A deposition can help attorneys gather a full background of the doctor's qualifications in relation to his or the training, education and experience. This information is essential for proving that the physician breached the standards of care in your particular case and that the breach caused you injury. For instance, doctors who have received training in the field of malpractice cases usually be able to prove that they have a lot of experience performing certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue a summons. This initiates the process of legal disclosure known as discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. This evidence typically includes medical malpractice attorneys records and testimony from experts.

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 have been avoided if your doctor had followed the standard of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of false claims of malpractice years of evidence confirm that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.