How to File a Medical Malpractice Lawsuit

Many medical malpractice lawyer malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This can include physician hours and work product and attorney time, court costs as well as expert witness fees and many other costs.

A medical malpractice claim can be filed when a healthcare professional is negligent, has committed misconduct or committed an error or acted in a way that was not. Plaintiffs seeking compensation for injuries can file for economic losses, such as past or future medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. The patient who has been injured or their attorney in the event that the patient has passed away, must be able to prove each of these elements:

That a hospital or doctor had a duty to follow the standard of care applicable. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself does not cause an injury, but it must be proven that the breach directly caused the injury and was the main cause of the injury.

To protect the rights of a patient, and to ensure that a physician does not commit further mistakes, it is essential to file a claim with the state medical board. A report is not a lawsuit, however, it is the first step to getting the malpractice claim started. It is usually recommended to speak with an Syracuse malpractice lawyer before making a report or other type of document.

Summons

As part of the legal procedure, an order or claim form is filed with the court and delivered to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will review the documents and, if they believe that there is an incident of malpractice then they will file a complaint along with an affidavit before the court describing the medical error that is claimed to be the cause.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for documentation like hospital billing and clinic notes, and taking depositions of the defendant physician. Attorneys will then ask the defendant on oath about his or her knowledge regarding the case.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical negligence claim during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide treatment and care to patients, the doctor's infraction of this obligation as well as a causal connection between the breach and injury or death of the patient and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request evidence relevant to their case. This includes medical records before and following the suspected malpractice, information on experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims were incurred and the names and contact information for any witnesses who appear at trial.

Most states have a statute-of-limitations which limits the amount of period that a patient must sue after being injured by medical error. The time limit is set by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical malpractice claim an injured victim must prove that the doctor's negligence caused a specific injury for example, 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 questions-and-answer sessions that are conducted in the presence of a court reporter who will record the questions as and the answers. The deposition is part of the discovery process which is the process of gathering evidence that can be used in a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a set of questions. If a physician is interrogated, he or she must answer all questions truthfully under an oath. Usually, the physician is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is an important stage of the case and requires the full concentration and attention of the doctor.

A deposition is a way for attorneys to get a complete background on the doctor's background in terms of his or his education, training, and experience. This information is essential for proving that the physician breached the standards of care in your situation and that the breach resulted in injury. Doctors who have been trained in this field will typically declare that they have experience with specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. The process begins with a legal requirement of disclosure, referred to as discovery where you and your doctor's team work together to gather information to prove your case. This typically comprises medical records and testimony from an expert witness.

To prove that you committed a crime, you must establish that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standards of care. The lawyer for your doctor will present defenses which contradict the evidence presented by your attorney.

Despite the legend that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts generally reflect fair assessment of damages and negligence, and that juries are skeptical of damages that are exaggerated. The majority of malpractice cases settle before trial.