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 includes doctor hours and work product as well as attorney time court costs and expert witness fees and many other costs.

An injury resulting from the negligence of a healthcare professional's misconduct, error or omission can result in medical malpractice claims. Injury victims can seek compensation for economic losses, such as future or past medical expenses, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires a solid proof of the claim to be successful. The person who was injured or their attorney, in the event that the patient has passed away, must prove each of these legal elements:

The defendant did not fulfill that duty. The defendant erred in his obligation. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't directly cause injury. It must be proved that it caused the injury directly and was the main reason for the injury.

In order to protect a patient's rights, and to ensure that a physician does not continue to commit wrongdoing, it's necessary to file a claim with the state medical board. However, filing a claim is not a way to start a lawsuit and is often just a first step to moving the malpractice claim. It is recommended to speak with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process, a summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for medical Malpractice law firm the plaintiff will then review these documents and, if they believe that there is an incident of malpractice, they will file a complaint along with an affidavit to the court detailing the medical malpractice attorney error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital invoices or clinic notes, as well as conducting a deposition of the doctor who is being sued in which attorneys ask the defendant on his or his knowledge of the case under oath.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical malpractice claim in court. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty as well as a causal connection between the breach and the injury or death of the patient and a sufficient amount in damages 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 records prior to and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documentation relating to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact information of witnesses who will testify during the trial.

Most states have a statute-of limitations which limits the amount of time a patient has to pursue a lawsuit after being injured due to an error made by a doctor. The length of time is typically determined by state law, and are subject to rules called the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured 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 resulted in their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of the court reporter who takes notes of both the questions as well as the answers. Depositions are part of the discovery process, in which parties gather information for use in a trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. When a doctor is questioned they must answer all questions honestly under an oath. Typically, the doctor is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an essential stage of the case that requires the complete concentration and attention of the doctor.

Depositions are a great way for attorneys to get a detailed background of the doctor, including his or the doctor's education, training and experience. This information is essential to proving that the physician breached the standards of care in your case and that the breach directly caused you injury. For instance, doctors who have completed training in the field of malpractice cases will typically be able to prove that they have a lot of experience in performing certain procedures and methods that could be relevant to a specific medical malpractice law Firm malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins the legal disclosure process known as discovery. Your doctor and your staff will work together to collect evidence to support your case. This usually includes medical malpractice lawyers records as well as testimony from experts.

The goal of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standards of care. The lawyers for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts generally reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.