How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes physician hours and work product and attorney time, court costs, expert witness fees, and countless other expenses.

A medical malpractice lawsuit can be filed in the event that a healthcare professional has been negligent, has committed misconduct or erred, or acted in a way that was not. Plaintiffs seeking compensation for injuries can file for economic losses, including future or past medical expenses as well as non-monetary damages, like discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires a solid proof of the claim to be successful. The injured patient, or their attorney if the patient has died, must show each of these legal elements:

The hospital or doctor had a responsibility to follow the standards of care in force. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care doesn't cause injury on its own. It must be proven that it directly caused the injury and was the main reason for the injury.

To safeguard the rights of a patient, and to ensure that a doctor does not continue to commit wrongdoing, it's necessary to file a claim with the state medical board. But, filing a report does not initiate an action and is usually just a beginning step in getting the malpractice case moving. It is generally recommended to consult a Syracuse malpractice lawyer prior to filing a report or other type of document.

Summons

A summons or Medical malpractice Lawsuit claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court for the plaintiff will then go over these documents and, if it appears that there may be an instance of malpractice then they will submit a complaint and an affidavit to the court detailing the alleged medical error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting documents like hospital billing records as well as notes from clinics and taking the defendant's deposition where lawyers question the defendant on his or their knowledge of the matter under an oath.

This information will be used by the plaintiff's lawyer to prove the elements of a medical malpractice claim at 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 breach of this duty and a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records from before and after an incident of negligence, information on experts and tax returns or other documentation related to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact details of witnesses who are expected to testify at trial.

There are many states with a statute of limitations that limits the period that a patient must seek compensation for injuries caused by an error in medical care. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit, the injured patient must prove that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in the presence of a court reporter who takes notes of the questions as well as the answers. The deposition is a part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a doctor is deposed and asked to answer questions honestly under an oath. Usually, the physician is first interrogated by an attorney and then cross examined by another attorney. This is a crucial phase of the case and requires the complete attention and focus of the doctor.

A deposition is a fantastic way for attorneys to obtain a detailed background of the doctor, including his or his education, training and experience. This information is essential for establish that the doctor violated the standards of care in your situation and that the breach directly caused you harm. Doctors who have been trained in this field will typically be able to prove they have experience with certain procedures and techniques that could be relevant to an individual medical malpractice law firms-malpractice case.

Trial

A civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. The process begins with a legal requirement of disclosure known as discovery where you and the doctor's team work together to gather information to prove your case. This typically consists of medical records and testimony from expert witnesses.

The objective of proving that you have committed a malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor followed the standards of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice years of evidence shows that jury verdicts are based on reasonable judgments of negligence and damages and that juries tend to be skeptical of excessive award amounts. The vast majority of malpractice cases settle prior to trial.