How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in numerous medical malpractice lawsuits. This includes doctor hours and work product and attorney time court costs, expert witness fees, medical malpractice Attorneys and many other costs.

An injury caused by an healthcare professional's negligence, mistake, or omission can give rise to a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic loss such as past and future medical bills, as well as non-economic damages like pain and suffering.

Complaint

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

The defendant did not fulfill that obligation. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause an injury, but it must be proved that the breach directly caused the injury and was the direct cause of the injury.

It is often required to file a complaint with a state medical malpractice law firm board in order to safeguard the patient's rights and ensure that the doctor doesn't engage in further malpractice. A report is not a lawsuit however, it is the first step to getting the malpractice claim started. It is often best to consult an Syracuse attorney for malpractice prior to filing a report or any other type of document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court for plaintiff will then look over the documents and, if it appears that there may be an instance of malpractice the lawyer will file an affidavit and complaint with the court describing the medical error that is claimed to be the cause.

The next step is to obtain evidence through pretrial disclosure. This includes the submission of requests for documentation including hospital billing and clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath regarding his or her knowledge of the case.

The attorney representing the plaintiff will use this information to establish the elements of a claim for medical malpractice in court. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's failure to fulfill this duty, a causal link between the breach and injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery process both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and after the alleged malpractice, information about experts and tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims they incurred, Medical Malpractice attorneys as well as the names and contact information for witnesses who are expected to testify at trial.

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

In order to win a medical malpractice case an injured victim must prove that a doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who takes notes of the questions as well with the answers. The deposition is a part of the discovery process, which involves gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. If a physician is interrogated, he or she must answer all questions truthfully under the oath. Usually, the physician is questioned questions by an attorney and later cross-examined by a second attorney. This is a crucial stage in the trial and the doctor must focus on it with complete attention.

A deposition allows attorneys to gain a thorough understanding of the doctor's background, including his or his 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 area often affirm that they have years of experience in performing specific procedures and techniques that could be relevant to a specific Medical Malpractice Attorneys-malpractice case.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This begins a legal process of disclosure, also known as discovery, where you and your doctor's team collaborate to collect evidence to support your case. This usually includes medical records and the testimony of experts.

To prove malpractice you must prove that the actions of your doctor were below the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor followed the standard of care. Your doctor's lawyers will present defenses that go against the evidence presented by your lawyer.

Despite folklore suggesting that doctors are a target for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts usually reflect reasonable assessments of negligence and damages and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases are settled prior to trial.