How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in numerous medical malpractice lawsuits. This investment covers physician time and work product and attorney time, court costs and expert witness fees and many other costs.

A medical malpractice claim may be filed in the event that a healthcare professional has been negligent or has committed misconduct, made an error, or acted in a way that was not. Victims of injury may seek compensation damages, including the actual economic loss, such as the future and past medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be able to prevail. The patient who has been injured or their attorney if the patient has died must be able to prove each of these elements:

That a doctor or hospital had a responsibility to follow the standards of care in force. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not 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 often necessary to file a complaint with a state medical board to protect patients' rights and ensure that the doctor does not commit further errors. However, filing a claim is not a way to start a lawsuit and is often only a first step in getting the malpractice claim moving. It is recommended to talk with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and handed to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will review the documents and, if it appears that there could be a case of malpractice, they will file an affidavit and complaint to the court detailing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document such as hospital billing information as well as notes from clinics and Medical Malpractice Attorneys taking the deposition of the defendant's physician in which attorneys ask the defendant on his or his knowledge of the situation under an oath.

This information will be used by the lawyer for the plaintiff to prove elements of a medical malpractice claim at trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injury or death and a substantial amount of damages resulting from the death or injury to warrant a monetary award for compensation.

Discovery

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

Most states have a statute-of limitations that limits the length of time that a patient is allowed to pursue a lawsuit after being injured due to an error in medical care. The time limit is usually set by law in the state, and they are subject to rules known as the "discovery rule."

In order to win a medical negligence case the injured person must show that a doctor's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who records the questions as well and the answers. Depositions are part of the discovery procedure, which is about gathering information that can be used in the course of a trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a physician is deposed by a lawyer, the doctor must answer the questions truthfully under the oath. Typically, the doctor is asked questions by one attorney and then cross-examined by another attorney. This is a crucial phase of the process and requires the complete concentration and attention of the doctor.

A deposition allows attorneys to gain a thorough understanding of the doctor's background, including his or the training, education and experience. This information is critical to proving that the physician breached the standard of care in your particular case and that the breach caused you injury. For instance, doctors who have been trained in the field of malpractice cases will typically affirm that they have extensive experience in performing certain procedures and techniques that may be relevant to a particular medical malpractice attorney malpractice claim.

Trial

A civil court is formally launched when your lawyer files a complaint and summons with the court of your choice. This initiates the process of legal disclosure, also known as discovery. Your doctor and your team will work together to gather evidence to support your case. This typically includes Medical Malpractice attorneys records as well as testimony from an expert witness.

The goal of proving malpractice is to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor acted in accordance with the standards of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are targets for fraudulent malpractice claims, decades of empirical evidence shows that jury verdicts reflect fair assessments of damages and negligence and that juries are skeptical of inflated award amounts. The majority of malpractice cases are settled prior to trial.