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 can include physician hours and work product attorneys' time court costs and expert witness fees and many other costs.

A medical malpractice law firm malpractice claim can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or erred, or acted in a way that was not. The injured party can seek compensation for economic losses, including past or future medical expenses as well as non-monetary damages, like discomfort and medical malpractice attorneys pain.

Complaint

A medical malpractice case has many moving parts and requires a solid evidence to succeed. The injured party (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

That a doctor or hospital had a responsibility to act in accordance with the standards of care in force. The defendant did not fulfill that obligation. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care cannot directly cause injury. It must be shown that it caused the injury directly and was the main reason for the injury.

It is sometimes necessary to file a formal complaint to a state medical board in order to protect the patient's rights and ensure that the doctor does not commit any further mistakes. However, filing a complaint is not a way to start an action, and is often just a step towards getting the malpractice case moving. 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 the court and is sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over the documents. If it is determined that there could be a malpractice claim, the lawyer will file an affidavit and complaint with the court, detailing the claimed error.

The next step is to obtain evidence through pretrial disclosure. This involves filing requests for documents like hospital billing and notes from clinics, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath about their knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim in court. These include the existence of a duty 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 significant amount of damages that result from the death or injury to be able to justify a monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes Medical Malpractice Attorneys records before and after the suspected malpractice, information on expert witnesses and tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims they incurred, along with the names and contact details for any witnesses who be present at trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to pursue a lawsuit after being injured due to an error made by a doctor. The length of time is typically determined by the law of the state and are subject to rules known as the "discovery rule."

To win a medical malpractice lawsuit, the injured patient has to 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, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are sessions of question and answer which take place in the presence a court reporter, who is able to record the questions as in the responses. The deposition is a part of the discovery process which consists of gathering information that can be used in the course of a trial.

Depositions permit attorneys to ask witnesses, typically doctors, a series of questions. When a doctor is deposed they must answer all questions in a straight and honest manner under an oath. Typically, the doctor is initially questioned by an attorney and then the attorney is cross-examined by another attorney. This is an important stage of the process and requires the complete concentration and attention of the physician.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or their education, training and experience. This information is essential to showing that the doctor violated the standard of care in your case and that the breach resulted in injury. Doctors who have been trained in the area will often affirm that they have years of experience with specific procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This triggers a legal procedure of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to prove your case. The evidence usually consists of 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 jurors that it is more likely than not that your injuries would not have occurred had your doctor acted in accordance with the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented to you by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence shows that jury verdicts are based on reasonable judgments of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority malpractice cases are settled prior to trial.