How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and attorneys. This can include physician hours and work product and attorney time court costs, expert witness fees, and countless other expenses.

An injury resulting from an healthcare professional's negligence, mistake, or omission can give rise to a medical malpractice claim. Victims of injury can seek compensation for economic losses, like past or future medical bills and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to prevail. The person who was injured or their lawyer if the patient has died, must be able to prove each of these elements:

A hospital or doctor was bound to perform its duties in accordance with the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause an injury, but it has to be shown that the breach directly caused the injury and was the direct cause of the injury.

To safeguard the rights of a patient and to ensure that a physician is not committing further malpractice, it is necessary to file a complaint with the state medical board. A report is not a lawsuit but it can be an excellent first step in initiating the malpractice lawsuit. It is often best to consult with an Syracuse lawyer for malpractice before filing a report or any other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will then review these documents and, if it appears that there may be a case of malpractice the lawyer will file an affidavit and complaint before the court describing the alleged medical error.

The next step is to obtain evidence through pretrial disclosure. This includes making requests for evidence like hospital billing and clinic notes, as well as taking the deposition of the defendant's physician. Attorneys will then inquire with the defendant under oath regarding his or Medical malpractice Attorney her knowledge regarding the case.

The lawyer for the plaintiff will utilize this information to prove the elements of a Medical malpractice Attorney malpractice case during trial. This includes the existence of a duty on the doctor's part to provide medical malpractice law firms care and treatment to patients; the doctor's violation of this duty; an causal connection between the breach and the patient's injuries or death and a significant amount of damages resulting from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery process both sides are able to request and receive evidence relevant to the case. This includes medical records that were taken prior medical malpractice Attorney to and after an incident of negligence, information on experts as well as copies of tax returns or other documents related to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact information of witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that limits the length of time that a patient is allowed to claim compensation after suffering injuries due to an error made by a doctor. Those time limits are usually determined by state law, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, the injured patient must prove that the negligence of a doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions as well as the responses. Depositions are a part of the discovery process through which parties gather information to use in a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a doctor is deposed, he or she must answer the questions truthfully under the oath. Typically, the doctor is initially questioned by an attorney before being the attorney is cross-examined by another attorney. This is a crucial phase in the case and the physician has to be attentive to the case.

A deposition is a fantastic method for lawyers to obtain an in-depth background on the doctor, including their education, training, and experience. This information is essential to proving the doctor breached your standards of care and that this breach resulted in injury to you. Physicians who have been trained in this area are likely to declare that they have experience in performing certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal process of disclosure, referred to as discovery which is where you and your doctor's team work together to gather evidence to prove your case. This evidence usually comprises medical records and testimony from an expert witness.

The purpose of proving malpractice is to establish that the actions of your doctor did not meet the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standard of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice the decades of evidence confirm that jury verdicts are based on reasonable assessments of damages and negligence, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled before trial.