How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This can include physician hours and work product, attorney time court costs and expert witness fees and many other costs.

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. Victims of injury may seek compensation damages, which include economic loss, such as the future and past medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be successful. The patient who has been injured or their lawyer should the patient die must prove each of these legal elements:

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

In order to protect a patient's rights, and to ensure that a physician doesn't commit any further malpractice, it is necessary to file a complaint with the state medical malpractice lawyers board. A report is not a lawsuit, however, it is a good first step in initiating the malpractice lawsuit. It is recommended to speak with a Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal process, a summons or claim form is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer appointed by the court will review these documents. If it is determined that there could be a malpractice claim, the lawyer will file an affidavit and complaint with the court, detailing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents like hospital billing information as well as notes from clinics and taking the defendant physician's deposition, where attorneys question the defendant about his or her knowledge of the case under an oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice in the course of trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's violation of this duty and a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical records prior to and following the mishaps, information about experts 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 any witnesses who will be present at trial.

The majority of states have a statute of limitation that allows injured patients only the time period of a certain amount of years after a medical error to pursue a lawsuit. The length of time is typically set by law of the state, and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor resulted in 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 question-and-answer sessions that are conducted in the presence of a court reporter who documents both the questions and the answers. The deposition is a part of the discovery process, in which parties collect information to be used in the trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is deposed they must answer all questions in a straight and honest manner under oath. Usually, the physician is first asked questions by an attorney, and then interviewed by another attorney. This is a crucial step in the trial and the doctor must be attentive to the case.

A deposition can help attorneys gather a full background of the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial in prove that the doctor did not meet your standard of care and that this breach caused you harm. For example, physicians who have been trained in the field of malpractice cases will typically affirm that they have extensive knowledge of certain procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

Your lawyer will make a complaint to the court, along with a summons. This begins the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This usually includes medical records as well as testimony from experts.

To prove malpractice it is necessary to prove that the doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented to you by your lawyer.

Despite folklore suggesting that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts typically reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical of excessive damage awards. The majority of malpractice cases settle before trial.