How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in many medical malpractice lawsuits. This can include physician hours and work product and attorney time, court costs, expert witness fees, and many other costs.

A traumatic injury caused by an healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, like past or future medical bills, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to be successful. The injured patient (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

That a doctor or hospital was bound to act in accordance with the standards of care in force. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself does not cause injury, but it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is typically necessary to file a formal complaint with a medical board in the state in order to safeguard the rights of the patient and to ensure that the doctor does not engage in further negligence. 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 generally recommended to consult with an Syracuse malpractice lawyer prior to filing a report or any other type of document.

Summons

As part of the legal process a summons or claim forms is filed with the court and handed to the doctor who is the defendant. A plaintiff's lawyer who is appointed by the court will review the documents. If it is determined that there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, detailing the claimed error.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for evidence such as hospital billing information as well as notes from clinics and taking the defendant's deposition in which attorneys ask the defendant on his or her knowledge of the case under an oath.

The plaintiff's attorney will use this information to prove the elements of a medical malpractice case at trial. This includes the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's violation of this duty; a causal link between the breach and the patient's injuries or death; and a sufficient amount of damages that result from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records before and after the incident of suspected malpractice, information on expert witnesses and tax returns, copies or other documentation relating to the out-of-pocket expenses that the plaintiff claims to have incurred, along with the names and contact information for witnesses who are expected to be called to testify in the trial.

There are many states with a statute of limitations that limits the amount of time a patient can pursue a lawsuit after being injured due to an error in medical care. These time limits are determined by state laws and are subject to a law known as the "discovery rules."

In order to win a medical negligence lawsuit, the injured patient must show that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence a court reporter, who will record the questions as with the answers. The deposition is an element of the discovery process which consists of gathering information that can be used in a trial.

Depositions allow attorneys to question witnesses, often doctors to answer a set of questions. When a physician is deposed and questioned, they must answer all questions honestly under oath. Usually, the physician is first questioned by an attorney, and then cross examined by another attorney. This is a crucial step in the trial and the doctor must be attentive to the case.

A deposition allows attorneys to gain a thorough understanding of the doctor in terms of his or her education, training and experience. This information is critical to showing that the doctor Medical malpractice Lawsuits violated the standard of care in your situation and that the breach resulted in injury. Physicians who have received training in the area will often declare that they have knowledge of specific procedures and techniques that may be relevant to a particular medical malpractice attorneys malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the appropriate court. This initiates a legal process of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to support your case. This usually includes medical records as well as testimony of an expert witness.

The purpose of proving malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your lawyer.

Despite the myth that doctors are targets for fraudulent malpractice claims the decades of evidence shows that juries make reasonable assessment of the severity of the damage and negligence and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle before trial.