How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in a variety of medical malpractice lawsuits. This can include physician hours and work product and attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct or erred, or failed to act. Victims of injury can seek compensation for financial losses, such as future or past medical bills and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires credible proof for success. The injured patient (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

A hospital or doctor was bound to follow the standards of care in force. The defendant did not meet this 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 doesn't cause injury; however, it must be shown that the breach directly caused the injury and was the proximate cause of the injury.

In order to protect the rights of patients, and to ensure that a physician does not commit further wrongdoing, it's necessary to file a complaint with the state medical malpractice attorneys board. A report is not a lawsuit but it can be the first step to getting the malpractice claim started. It is recommended to speak with an Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process, a summons or claim form is filed with the court and handed to the defendant doctor. A plaintiff's lawyer appointed by the court will go through the documents. If it is determined that there is a malpractice case and the lawyer files an affidavit and a complaint with the court, describing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents such as hospital bills and clinic notes, as well as taking depositions of the defendant's physician. Attorneys will then question the defendant under oath as to the details of the case.

This information will be used by the plaintiff's lawyer to prove the elements of a claim for medical malpractice attorney malpractice at trial. This includes the existence of a duty on the physician's part to provide medical care and treatment to patients; the doctor's breach of this duty an causal connection between the breach and the patient's injury or death and a significant amount of damages that result from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical records before and after the suspected malpractice, information on expert witnesses as well as copies of tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims to have incurred, along with the names and contact information for witnesses who are expected to appear at trial.

Most states have a statute of limitations that permits injured patients some time after a medical error to bring a lawsuit. The time limit is usually set by law of the state, and are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, a patient who has been injured must demonstrate that the negligence of the doctor resulted in a specific injury, like physical pain or loss of income. They must also prove causation, i.e. that negligence caused their death or injury.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence a court reporter, who is able to record the questions as in the responses. The deposition is an element of the discovery process, in which the parties gather information to be used in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a physician is interrogated and questioned, they must answer the questions truthfully under the oath. Typically, the doctor is asked questions by one attorney, and later cross-examined by a second attorney. This is a crucial stage of the trial and requires the complete concentration and attention of the doctor.

A deposition is a great way for attorneys to obtain details about the doctor, including his or the doctor's education, training and experience. This information is critical to showing that the doctor violated the standard of care in your particular case and that the breach directly caused you harm. Physicians who have been trained in this area are likely to affirm that they have years of knowledge of certain procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This initiates the process of legal disclosure known as discovery. Your doctor and your team will collaborate in order to gather evidence that can prove your case. This usually includes Medical Malpractice Attorneys records and testimony from expert witnesses.

The goal of proving negligence is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your doctor acted according to the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts typically reflect reasonable assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases are settled before trial.