How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and lawyers. This investment includes physician hours and work product, attorney time, court costs as well as expert witness fees and countless other expenses.

A medical malpractice claim can be filed when a healthcare professional is negligent, has committed misconduct or erred, or failed to take action. The injured party may be able to seek compensation damages, including actual economic loss such as past and future medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be successful. The injured person or their lawyer in the event that the patient has passed away must show each of these legal elements:

That a doctor or hospital was required to act according to the standards of care in force. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't directly cause injury. It must be proven that it caused the injury directly and was the primary reason for the injury.

To ensure a patient's rights, and to ensure that a physician is not committing further wrongdoing, it's necessary to file a report with the state medical malpractice lawyer board. A report is not a lawsuit, however, it is the first step to initiating the malpractice lawsuit. It is generally recommended to consult with a Syracuse malpractice lawyer before filing a report or any other type of document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if it appears that there may be an issue with malpractice, they will file a complaint and affidavit with the court describing the Medical malpractice attorneys error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information as well as notes from clinics and taking the deposition of the defendant's physician where lawyers question the defendant on his or his knowledge of the case under an oath.

The attorney for the plaintiff will use this evidence to prove the elements of a medical negligence claim at trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; an causal connection between the breach and the patient's injury or death; and a sufficient amount of damages resulting from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records from before and after an incident of negligence, information about experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact details of witnesses who will testify at trial.

Most states have a statute-of-limitations which limits the amount of period that a patient must pursue a lawsuit after being injured due to an error in medical care. The time limit is usually determined by state law, and they are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit, the patient must prove that the doctor's negligence resulted in specific harm like physical pain or loss of income. They must also prove causation i.e. that negligence caused their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of a court reporter who records both the questions and the responses. Depositions are part of the process of discovery, which involves gathering information that can be used in the trial.

Attorneys can pose a number of questions to witnesses, usually doctors. When a doctor is deposed and asked to answer questions in an honest and open manner under oath. Usually, the physician is first questioned by an attorney before being interviewed by another attorney. This is an essential stage of the trial and requires the full attention and focus of the physician.

A deposition allows attorneys to gain a thorough understanding of the doctor's background, including his or their education, training and experience. This information is crucial to prove that the doctor did not meet the standards of care in your particular case and that the breach directly caused you harm. Doctors who have been trained in this area are likely to be able to prove they have knowledge of certain techniques and procedures that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. The process begins with a legal requirement of disclosure, also known as discovery, where you and your physician's team work together to gather information to prove your case. This typically includes medical records and expert witness testimony.

The goal of proving negligence is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred had your physician acted according to the standards of care. The lawyer for your doctor will present defenses which contradict the evidence presented to you by your lawyer.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice the decades of evidence demonstrate that jury verdicts reflect fair assessments of damages and negligence, and Medical malpractice Attorneys that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.