How to File a Medical Malpractice Lawsuit

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

An injury caused by medical professional's negligence, incompetence, error or omission can give rise to a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic losses such as future and past medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice suit has many moving parts, and requires evidence that is credible evidence to prevail. The person who was injured or their attorney, when the patient has passed away, must show each of these legal elements:

A hospital or doctor had a responsibility to follow the applicable standard of care. The defendant erred in his obligation. That 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 itself doesn't cause injury; however, it must be proven that the breach directly caused the injury and was the primary reason for the injury.

In order to protect the rights of a patient, Medical malpractice and to ensure that a physician is not committing further wrongdoing, it's necessary to file a claim with the state medical board. A report is not a lawsuit, but it could be an excellent first step in starting the malpractice claim. It is usually recommended to consult a Syracuse malpractice lawyer before filing a report, or any other type of document.

Summons

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

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence such as hospital invoices or clinic notes, as well as taking the defendant physician'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 plaintiff's lawyer to establish the elements of a claim for medical malpractice at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide treatment and care to patients, the physician's infraction of this obligation as well as a causal connection between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical malpractice lawyers records prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documentation relating to expenses out of pocket the plaintiff claims have been incurred, and the names and contact details of witnesses who will be testifying during the trial.

Most states have a statute of limitations which allows injured patients the time period of a certain amount of years after a medical error to file a lawsuit. The time limit is usually determined by the law of the state and are subject to rules called the "discovery rule."

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

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who takes notes of the questions as well and the answers. The deposition is an element of the discovery process in which parties collect information for use in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is questioned to testify, he or she must answer all questions truthfully under an oath. Typically, the doctor is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial phase in the case and the physician must give it their full attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial to proving the doctor breached your standards of care and that this breach caused you injury. Physicians who have been educated in this area often affirm that they have years of experience performing specific procedures and techniques that could 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, referred to as discovery where you and the doctor's team collaborate to collect evidence to support your case. The evidence usually consists of medical records and testimony from experts.

To prove malpractice you must prove that the doctor's actions were not in line with 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 standard of care. Your doctor's lawyers will present defenses that contradict the evidence provided by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice the decades of evidence confirm that jury verdicts reflect fair estimates of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.