How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in many medical malpractice lawsuits. This includes attorney time and court costs as well as expert witness fees and other expenses.

A traumatic injury caused by a healthcare professional's negligence, incompetence, error or omission can lead to medical malpractice claims. Injury victims can seek compensation for economic losses, such as past or future medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice lawsuits malpractice case has many moving parts and requires credible evidence to prevail. The person who was injured (or their attorney if they've died) must prove each of the following legal aspects of the case:

The hospital or doctor had a responsibility to act according to the standards of care in force. That the defendant breached that obligation. The breach directly caused injury for the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the direct reason for the injury.

It is sometimes necessary to file a complaint with a state medical malpractice lawyers body in order to safeguard the patient's rights and ensure that the doctor doesn't commit any further malpractice. But, filing a report does not initiate the process of a lawsuit, and is typically only a first step in getting the malpractice case moving. It is best to consult a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and handed to the defendant doctor. A lawyer for the plaintiff appointed by the court will go through the documents. If it is determined that there is a malpractice case, the lawyer will file an affidavit as well as a complaint with the court, describing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath regarding his or her knowledge regarding the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice claim at trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide treatment and care to patients, medical malpractice Lawsuits the doctor's breach of this duty, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the discovery process, both sides are able to request and receive evidence that is relevant to the case. This includes medical records before and after the mishaps, information about expert witnesses and tax returns, copies or other documentation that pertains to expenses out of pocket that the plaintiff claims were incurred as well as the names and contact information for any witnesses who testify at trial.

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

To win a medical malpractice lawsuit, an injured patient must show that the doctor's negligence resulted in specific harm like 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 take place in the presence a court reporter, who records the questions as well in the responses. The deposition is a part of the discovery procedure, which consists of gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. If a doctor is interrogated and asked to answer questions in an honest and open manner under an oath. Typically, the doctor is first interrogated by an attorney and then the attorney is cross-examined by another attorney. This is an essential stage of the process and requires the full concentration and attention of the physician.

Depositions allow lawyers to gain a thorough understanding of the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial to proving the doctor breached the standard of care you expect and caused you injury. For instance, doctors who have completed training in the field of malpractice cases typically will declare that they have a vast experience in the execution of certain procedures and methods that may be relevant to a specific medical malpractice claim.

Trial

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 the process of legal disclosure known as discovery. You and your doctor's team will work together to gather evidence to support your case. The evidence typically comprises medical records and expert witness testimony.

To prove malpractice it is essential to establish that the actions of your doctor were below the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented to you by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims decades of empirical research shows that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages, and that juries are skeptical about damages that are exaggerated. The vast majority malpractice cases are settled before trial.