How to File a medical malpractice lawsuit (read more on Mireene`s official blog)

Both lawyers and doctors have to invest a lot of time and money in many medical malpractice lawsuits. This investment covers physician time and work product attorneys' time court costs as well as expert witness fees and countless other expenses.

An injury caused by medical professional's negligence, mistakes, or error can give rise to a medical malpractice claim. Victims of injury may seek compensation damages, including the actual economic loss, such as the future and past medical bills as well as non-economic losses such as pain and suffering.

Complaint

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

The hospital or doctor was bound to act in accordance with the applicable standard of care. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself is not a cause of injury, but it has to be proven that the breach directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a claim with a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't commit any further negligence. However, filing a complaint is not the start of the process of a lawsuit, and is typically only a first step in getting the malpractice case moving. It is recommended to talk with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will review these documents. If it appears that there is a malpractice case, the lawyer will file an affidavit, along with a complaint to the court, describing the possible mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information and notes from the clinic, and then taking the defendant's deposition where lawyers question the defendant on his or his knowledge of the case under oath.

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

Discovery

During the discovery process both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from before and after an incident of alleged negligence, details about experts, copies of tax return or other documentation related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact details of witnesses who will testify during the trial.

Most states have a statute of limitations that permits injured patients an amount of time after a medical mishap to file a lawsuit. The length of time is typically determined by the law of the state and they are subject to rules called the "discovery rule."

To prevail in a medical negligence case an injured victim must show that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question and answer sessions that take place in the presence of a court reporter who records both the questions and the answers. The deposition is an element of the discovery procedure, which is the process of gathering evidence that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, typically doctors, a series of questions. If a doctor is deposed, he or she must answer all questions truthfully under oath. Typically, the doctor is first interrogated by an attorney before being interrogated by a different attorney. This is a crucial phase of the process and requires the complete attention and focus of the physician.

A deposition is a fantastic opportunity for lawyers to gather a detailed background of the doctor, including her training, education and experience. This information is crucial to proving that the physician breached the standards of care in your case and that the breach caused you injury. For instance, doctors who have received training in the area of malpractice cases typically will declare that they have a vast experience in performing specific procedures and techniques that may be relevant to a specific medical malpractice claim.

Trial

A civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This initiates a legal process of disclosure known as discovery which is where you and your doctor's team collaborate to collect evidence to prove your case. This usually includes medical records as well as expert witness testimony.

The goal of proving malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standard of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are the target of unsubstantiated claims of malpractice years of evidence confirm that jury verdicts are based on reasonable assessments of damages and negligence and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases settle before trial.