How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time, court fees expert witness fees, and other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent or has committed misconduct, made an error, or failed to act. The injured party may be able to seek compensation damages, which include economic loss such as future and past medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to prevail. The person who was injured (or their attorney if they've passed away) must show each of these legal elements of the claim:

That a doctor or hospital had a duty to act in accordance with the applicable standard of care. That the defendant breached that obligation. 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; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

It is sometimes required to file a complaint with a state medical board to protect the rights of the patient and to ensure that the doctor doesn't commit further mistakes. However, filing a complaint does not start the process of a lawsuit, and is typically only a first step in moving the malpractice claim. It is best to consult a Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will then go over these documents and, if they believe that there could be an instance of malpractice the lawyer will file an affidavit and complaint with the court, describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents like hospital billing records or clinic notes, as well as taking the defendant's deposition during which lawyers ask the defendant about his or her knowledge of the case under the oath.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice case during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's breach of this duty, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical malpractice lawyer records before and following the mishaps, information about expert witnesses, copies of tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred, and the names and contact information for witnesses who are expected to be present at trial.

Most states have a statute of limitations that permits injured patients some time after a medical error to make a claim. Those time limits are usually determined by state law, and are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit an injured victim must prove that a doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.

Deposition

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

Depositions allow attorneys to question witnesses, often doctors for a series of questions. If a physician is interrogated by a lawyer, the doctor must answer each question truthfully under oath. Typically, the doctor is first asked questions by an attorney and then interviewed by another attorney. This is a crucial stage in the case and the physician has to give it their full attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor in terms of his or their education, training and experience. This information is crucial for proving the doctor breached your standards of care and that this breach caused injury. For instance, doctors who have completed training in the field of malpractice cases will typically declare that they have a vast experience in performing certain procedures and practices that may be relevant to a specific medical malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins the legal disclosure process known as discovery. Your doctor and your team will collaborate to gather evidence to support your case. The evidence usually consists of medical records as well as testimony from experts.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standards of care. Your doctor's lawyer will present defenses which contradict the evidence presented by your lawyer.

Despite the belief that doctors are the target of frivolous claims of malpractice Evidence from decades confirm that jury verdicts reflect fair assessment of the severity of the damage and negligence and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.