How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment includes attorney time and court costs, expert witness fees and other expenses.

An injury caused by a healthcare professional's negligence, incompetence, error or omission can result in a medical malpractice law firm malpractice claim. Victims of injury may seek compensation damages, which include economic losses, such as past and calm-shadow-f1b9.626266613.workers.dev future medical bills as well as non-economic expenses like pain and suffering.

Complaint

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

A hospital or doctor had a responsibility to act in accordance with the standards of care in force. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot in itself cause injury. It must be proven that it directly caused the injury and was the main reason for the injury.

To ensure a patient's rights, and to ensure that a doctor is not committing further mistakes, it is essential to file a claim with the state medical board. However, filing a complaint is not a way to start a lawsuit and is often just a step towards making the malpractice claim move. It is recommended to speak with an Syracuse malpractice attorney prior to filing 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 appointed by the court for the plaintiff will then look over the documents and, if it is found that there could be a case of malpractice then they will file a complaint along with an affidavit to the court detailing the alleged medical error.

The next step is obtaining evidence by pretrial disclosure. This includes submitting requests for documentation like hospital billing and clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath about his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to demonstrate the elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide treatment and care to patients, the physician's violation of this duty and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical records from prior to and after an incident of negligence, information regarding experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will be testifying at trial.

Most states have a statute of limitations which allows injured patients an amount of time after a medical mishap to make a claim. The length of time is typically set by law of the state, and they are subject to rules called the "discovery rule."

To win a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and answers. The deposition is a part of the discovery procedure, which consists of gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a doctor is questioned, they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first questioned by an attorney and later cross examined by another attorney. This is an important stage of the process and requires the full concentration and attention of the doctor.

Depositions allow lawyers to gain a thorough understanding of the doctor's background, including his or his education, training, and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach resulted in injury. Physicians who have been educated in this area are likely to be able to prove they have experience with certain procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and a summons. This begins a legal process of disclosure called discovery, which is where you and your doctor's team work together to gather information to prove your case. This evidence typically includes medical records and the testimony of experts.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your doctor acted in accordance with the standard of care. The attorneys for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are targets for frivolous claims of malpractice Evidence from decades confirm that jury verdicts reflect reasonable judgments of negligence and damages, and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled prior to trial.