How to File a Medical Malpractice Lawsuit

Many massachusetts medical malpractice lawyer malpractice lawsuits require significant time and resources from both doctors and attorneys. This includes doctor hours and work product attorneys' time, court costs as well as expert witness fees and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or failed to take action. Victims of injury may seek compensation damages, which could include actual economic loss such as past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires reliable evidence to prevail. The injured patient or their attorney when the patient has passed away, must demonstrate each of these legal elements:

A hospital or doctor was bound to act according to the standards of care in force. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself does not cause injury, but it has to be shown that the breach directly caused the injury and was the main cause of the injury.

To ensure the rights of patients, and to ensure that a doctor is not committing further wrongdoing, it's necessary to file a complaint with the state medical board. However, filing a report is not a way to start the process of a lawsuit, and is typically just a step towards getting the malpractice case moving. It is recommended to speak with an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

As part of the legal procedure, an order or claim form is filed with the court and then handed to the defendant physician. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if it is found that there could be an incident of malpractice the lawyer will submit a complaint and an affidavit before the court describing the medical error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation, such as hospital billing and clinic notes, as well as taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath regarding their knowledge of the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice claim during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty 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 where both parties are permitted to request evidence relevant to their case. This includes medical records prior to and after the incident of an alleged malpractice, details about experts, copies of tax returns or other documentation that pertains to the out-of-pocket expenses that the plaintiff claims they incurred, as well as the names and contact details of any witnesses who are scheduled to be called to testify in the trial.

The majority of states have a statute of limitations that allows injured patients only the time period of a certain amount of years after a medical mishap to make a claim. The length of time is determined by state laws and are subject to a rule called the "discovery rules."

To win a bothell medical malpractice law firm malpractice lawsuit, the injured patient has to show that the doctor's negligence resulted in specific harm like 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 question and answer sessions that are conducted in the presence of a court reporter who documents both the questions and answers. The deposition is an element of the discovery process through which the parties gather information for use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. If a doctor is interrogated and asked to answer questions honestly under oath. Typically, the doctor is first interrogated by an attorney before being interrogated by a different attorney. This is a crucial stage in the trial and the physician must focus on it with complete attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor's qualifications in relation to his or their education, training and experience. This information is crucial to prove that the doctor did not meet the standard of care you expect and that this breach caused you injury. For example, physicians who have completed training in the area of malpractice cases typically will declare that they have a vast experience in the execution of specific procedures and techniques that could be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is launched when your lawyer lodges a complaint and a summons with the court of your choice. This begins a legal process of disclosure, also known as discovery, where you and your physician's team work together to gather evidence to prove your case. The evidence usually consists of medical records as well as testimony from experts.

The purpose of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your physician acted according to the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts typically reflect fair evaluations of damages and negligence, and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases are settled prior to trial.