How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This investment covers physician time and work product and attorney time court costs and expert witness fees and countless other expenses.

An injury resulting from an healthcare professional's negligence, mistakes, or error can lead to medical malpractice claims. The injured party can seek compensation for economic losses, such as future or past medical Malpractice attorneys bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility to be successful. The injured party (or their attorney if they have died) must show each of these legal aspects of the case:

The defendant did not fulfill that obligation. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself doesn't cause injury; it must be proven that the breach directly caused the injury and was the primary cause of the injury.

In order to protect a patient's rights, and to ensure that a physician does not continue to commit wrongdoing, it's necessary to file a complaint with the state medical board. However, filing a complaint is not a way to start the process of a lawsuit, and is typically only a first step in making the malpractice claim move. It is recommended to speak with a Syracuse malpractice lawyer prior to filing any report or 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 procedure. A plaintiff's lawyer who is appointed by the court will look over these documents. If it is determined that there is a malpractice issue and the lawyer files an affidavit and complaint with the court, detailing the alleged error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing information as well as notes from clinics and taking the defendant's deposition in which attorneys ask the defendant about his or his knowledge of the case under an oath.

This information will be used by the lawyer for the plaintiff to establish the elements of a medical malpractice claim in court. 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 the injury or death of the patient and medical malpractice attorneys enough damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical records that were taken prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documents related to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of any witnesses who will be testifying in the trial.

The majority of states have a statute of limitation which allows injured patients an amount of time after an injury or medical mistake to bring a lawsuit. Those time limits are usually determined by the law of the state and are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice claim the patient who was injured must show that a doctor's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in presence a court reporter, who will record the questions as and the answers. Depositions are part of the process of discovery in which the parties collect evidence for use in a trial.

Depositions allow attorneys to question witnesses, often doctors to answer a set of questions. When a physician is deposed and questioned, they must answer all questions truthfully under an oath. Usually, the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial stage in the trial and the doctor must focus on it with complete attention.

Depositions allow lawyers to obtain a detailed background on the doctor's background in terms of his or their education, training and experience. This information is crucial to showing that the doctor violated the standard of care you expect and caused you harm. Doctors who have been trained in this area are likely to declare that they have knowledge of specific procedures and techniques that could be relevant to an individual medical malpractice lawyers-malpractice case.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the court of your choice. The process begins with a legal requirement of disclosure called discovery, where you and the doctor's team collaborate to collect information to prove your case. This usually includes medical records as well as testimony of an expert witness.

The goal of proving negligence is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor followed the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts tend to reflect fair assessment of damages and negligence, and that juries are skeptical of overinflated damages awards. The majority of malpractice cases are settled prior to trial.