How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This includes attorney time, court fees as well as expert witness fees and other expenses.

A medical malpractice case can be filed when a healthcare professional is 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, including actual economic losses, such as future and past medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to win. The injured person or their attorney, should the patient die, must be able to prove each of these elements:

The hospital or doctor had a responsibility to follow the applicable standard of care. The defendant violated this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care is not a cause of injury, but it must be shown that the breach directly caused the injury and was the main cause of the injury.

To ensure the rights of a patient, and to ensure that a doctor is not committing further mistakes, it is essential to file a report with the state medical board. A report is not a lawsuit but it could be an effective first step towards beginning the process of bringing a malpractice claim. It is best to consult a Syracuse malpractice attorney prior to filing any report or other document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A court-appointed lawyer for the plaintiff will then go over these documents and, if it is found that there may be an incident of malpractice, they will file a complaint and affidavit with the court, describing the medical error that is claimed to be the cause.

The next step is to gather evidence through pretrial disclosure. This includes submitting requests for documentation like hospital billing and clinic notes, and taking depositions of the defendant physician. Attorneys will then inquire with the defendant on oath about their knowledge of the case.

The lawyer for the plaintiff will utilize this information to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's breach of this duty and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records prior to and after an incident of alleged negligence, information regarding experts and tax returns or other documents related to expenses out of pocket the plaintiff claims to have attributable to them, and the names and contact information of witnesses who will testify in the trial.

The majority of states have a statute of limitations that gives injured people some time after a medical error to bring a lawsuit. These limitations are set by the laws of the state and lawsuit are subject to a rule called the "discovery rules."

In order to win a medical malpractice claim an injured victim must prove that the doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of an official court reporter who records both the questions and responses. The deposition is part of the discovery procedure, which is the process of gathering evidence that can be used in the course of a trial.

Depositions allow attorneys to question witnesses, often doctors to answer a set of questions. When a physician is questioned to testify, he or she must answer all questions honestly under oath. Typically, the doctor is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial step in the trial and the physician has to be attentive to the case.

Depositions are a great way for attorneys to get an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is crucial to prove that the doctor did not meet the standards of care in your situation and that the breach resulted in injury. For example, physicians who have completed training in the field of malpractice cases typically will be able to prove that they have a lot of experience in the execution of certain procedures and methods that could be relevant to a particular medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and a summons. This starts the process of legal disclosure, also known as discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. The evidence usually consists of medical records and testimony from experts.

The goal of proving negligence is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standards of care. The lawyers for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages, lawsuit and that juries are skeptical about inflated damage awards. The vast majority malpractice cases are settled before trial.