How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in numerous medical malpractice lawsuits. This can include attorney time court fees expert witness fees, court costs and other costs.

A serious injury that is the result of an healthcare professional's negligence, mistake, or omission can result in a medical malpractice claim. Victims of injury may seek compensation damages, which include economic loss, such as the past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility to be successful. The injured patient or their attorney, if the patient has died must be able to prove each of these elements:

The hospital or doctor was required to follow the applicable standard of care. The defendant did not fulfill that obligation. The breach directly caused injury for 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 must be proven that the breach directly caused the injury and was the primary reason for the injury.

It is often necessary to file a formal complaint to a state medical Malpractice attorneys board in order to safeguard the rights of the patient and to ensure that the doctor does not commit any further malpractice. A report is not a lawsuit but it could be an effective first step towards starting the malpractice claim. It is recommended to consult a Syracuse lawyer for malpractice before filing a report or other document.

Summons

As part of the legal process, an order or claim form is filed with the court and then handed to the doctor who is the defendant. A lawyer for the plaintiff appointed by the court will examine these documents. If it appears there is a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, detailing the suspected error.

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

The attorney for the plaintiff will use this evidence to prove the elements of a medical negligence claim in court. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's breach of this duty a causal link between the breach and the patient's injury or death and a sufficient amount of damages that result from the injury or death to justly award monetary compensation.

Discovery

During the process of discovery both sides are able to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, information on experts and tax returns or other documents relating to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of any witnesses who will testify during the trial.

The majority of states have a statute of limitation which allows injured patients an amount of time after a medical error to make a claim. The time limit is usually set by law of the state, and they are subject to rules called the "discovery rule."

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

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who records both the questions as well as the answers. The deposition is part of the discovery procedure, which consists of gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a series of questions. If a physician is interrogated by a lawyer, the doctor must answer all questions truthfully under oath. Typically, the doctor is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is a crucial phase of the case and requires the full concentration and attention of the physician.

A deposition is a fantastic method for lawyers to obtain a detailed background of the doctor, including the doctor's education, training and experience. This information is crucial to convincing the court that the doctor did not adhere to the standard of care you expect and caused you injury. Physicians who have received training in this area are likely to affirm that they have years of knowledge of certain techniques and procedures that may be relevant to your particular medical-malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins a legal process of disclosure, also known as discovery, where you and your doctor's team work together to gather information to prove your case. This typically consists of medical records and the testimony of expert witnesses.

The purpose of proving malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your physician acted according to the standards of care. Your doctor's lawyers will argue arguments that are contrary to the evidence provided by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims decades of research on the subject shows that jury verdicts tend to reflect fair evaluations of damages and negligence, and that juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.