How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time as well as court fees as well as expert witness fees and other expenses.

An injury caused by the negligence of a healthcare professional's mistake, or omission could result in a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic loss, such as the future and past medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. The injured party (or their attorney if they have died) must be able to prove each of the following legal aspects of the claim:

The defendant violated this duty. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care cannot necessarily cause injury. It must be proven that it caused the injury directly and was the main reason for the injury.

It is often necessary to file a complaint with a medical board in the state in order to protect the patient's rights and ensure that the doctor doesn't commit additional negligence. But, filing a report is not the start of a lawsuit and is often only a first step in getting the malpractice claim moving. It is usually recommended to speak with a Syracuse lawyer for malpractice before filing a report or other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. 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, along with a complaint to the court, describing the alleged mistake.

The next step is to gather evidence through pretrial disclosure. This includes the submission of requests for documentation, such as hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath about his or her knowledge of the case.

The information provided will be used by the lawyer for the plaintiff to prove elements of an action for medical malpractice during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty and a causal link between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process, each side is entitled to request and receive evidence that is relevant to the case. This includes medical records before and following the alleged malpractice, information about experts as well as copies of tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact details of any witnesses who are scheduled to appear at trial.

The majority of states have a statute of limitation which allows injured patients a certain number of years after a medical mishap to bring a lawsuit. These limitations are set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured must demonstrate that the negligence of the doctor caused specific harm, such as physical pain, or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of an official court reporter who records both the questions as well as the responses. The deposition is an element of the discovery process, in which parties gather information to use in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is deposed they must answer all questions truthfully under oath. Typically, the doctor is asked questions by an attorney and then cross-examined by another attorney. This is an essential stage of the trial and requires the full attention and focus of the physician.

Depositions allow lawyers to gain a thorough understanding of the doctor's qualifications in relation to his or their education, training and experience. This information is crucial to showing that the doctor violated your standard of care and caused you harm. Physicians who have received training in this field will typically affirm that they have years of experience performing certain procedures and techniques that could be relevant to an individual medical malpractice attorneys malpractice case.

Trial

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

The purpose of proving malpractice is to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor followed the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for frivolous claims of malpractice Evidence from decades demonstrate that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The majority of malpractice cases settle before trial.