How to File a Medical Malpractice Lawsuit

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

A medical malpractice lawsuit can be filed in the event that a healthcare professional has been negligent, has committed misconduct, made an error, or failed to take action. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical malpractice attorney bills, as well as noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof for success. The patient who has been injured (or their attorney if they've died) must be able to prove each of the following legal elements of the claim:

That a hospital or doctor was required to follow the standard of care applicable. The defendant violated this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care doesn't cause injury on its own. It must be proven that it directly caused the injury and was the primary cause for the injury.

It is typically necessary to file a complaint with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor does not engage in further malpractice. A report is not a lawsuit but it can be an excellent first step in getting the malpractice claim started. It is recommended to consult a Syracuse malpractice lawyer prior to filing a report or other type of document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will review the documents and, if it is found that there may be an incident of malpractice, they will file a complaint along with an affidavit to the court detailing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and clinic notes, as well as taking depositions of the defendant physician. Attorneys will then question the defendant under oath about their knowledge of the case.

The information provided will be used by the lawyer for the plaintiff to prove the elements of a claim for medical negligence during trial. The elements of a medical malpractice case include the existence of an obligation 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 the injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are able to ask for and receive evidence that is relevant to the case. This includes medical records before and following the suspected malpractice, information on experts and tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims to have incurred, along with the names and contact information for any witnesses who testify at trial.

Most states have a statute-of-limitations that limit the length of time that a patient is allowed to sue after being injured by medical malpractice Attorney error. These time limits are determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured must show that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who documents both the questions as well as the answers. The deposition is an element of the discovery process which involves gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors, a series of questions. If a physician is interrogated to testify, he or she must answer each question truthfully under oath. Usually, the physician is questioned questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial phase of the case that requires the complete concentration and attention of the doctor.

A deposition allows attorneys to obtain a detailed background on the doctor's background, including his or his education, training, and experience. This information is essential to prove that the doctor did not meet the standards of care in your situation and that the breach caused you harm. Physicians who have been trained in the area will often affirm that they have years of experience with certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This initiates a legal disclosure process called discovery. Your doctor and your staff will work together in order to gather evidence that can prove your case. This typically consists of medical records and testimony from experts.

To prove malpractice it is necessary to prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts generally reflect fair evaluations of damages and negligence and that juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.