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 includes attorney time and court costs expert witness fees, and other expenses.

A medical malpractice claim may be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or failed to take action. The injured party may be able to seek compensation damages, including the actual economic losses such as past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be able to prevail. The patient who has been injured (or their attorney if they've died) must show each of these legal aspects of the case:

That a doctor or hospital was bound to act in accordance with the standards of care in force. That the defendant breached that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care does not necessarily cause injury. It must be proved that it directly caused the injury and was the primary cause for the injury.

In order to protect the rights of patients, and to ensure that a physician is not committing further mistakes, it is essential to file a complaint 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 often best to consult with an Syracuse malpractice lawyer prior to filing a report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A court-appointed lawyer for the plaintiff will then go over these documents and, if they believe that there is a case of malpractice then they will file an affidavit and complaint before the court describing the medical error that they believe to have committed.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests to document such as hospital invoices and notes from the clinic, and then taking the defendant physician's deposition during which lawyers ask the defendant on his or her knowledge of the case under an oath.

This information will be used by the lawyer for the plaintiff to establish the elements of a medical malpractice claim at trial. These include the existence of a duty on the doctor's part to provide medical malpractice attorneys care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's injury or death and a sufficient amount of damages that result from the injury or death to justly award monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records before and following the mishaps, information about expert witnesses as well as copies of tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims they incurred, and the names and contact details for any witnesses who will testify at trial.

Most states have a statute of limitations that allows injured patients only an amount of time after an injury or medical mistake to pursue a lawsuit. These time limits are determined by the laws of the state and are subject to a law known as the "discovery rules."

To prevail in a medical malpractice claim, an injured patient must prove that a physician's negligence caused a specific injury for example, physical pain or loss of income. They must also prove causation -which means that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in presence of a court reporter who is able to record the questions as as the answers. The deposition is part of the discovery procedure, which involves gathering information that can be used in the trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. When a doctor is deposed and asked to answer questions honestly under an oath. Usually, the physician is first asked questions by an attorney and later cross examined by another attorney. This is a crucial phase in the case, and the physician must pay attention to it with all their heart.

Depositions allow lawyers to obtain a detailed background on the doctor's background in terms of his or the training, education and experience. This information is critical to establish that the doctor violated the standards of care in your situation and that the breach directly caused injury to you. Physicians who have received training in this area are likely to affirm that they have years of experience performing certain techniques and procedures that may be relevant to an individual medical malpractice case.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the court of your choice. This initiates a legal process of disclosure, also known as discovery, where you and the doctor's team work together to gather information to prove your case. This evidence typically includes medical records and the testimony of expert witnesses.

To prove that you committed a crime you must prove that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your doctor acted according to the standard of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle prior to trial.