How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This includes attorney time and court costs as well as expert witness fees and other costs.

An injury resulting from a healthcare professional's negligence, incompetence, error or omission can give rise to a medical malpractice claim. Injury victims can seek compensation for economic losses, such as future or past medical expenses and also non-economic damages, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to be successful. The patient who has been injured or their attorney, when the patient has passed away must be able to prove each of these elements:

The defendant did not fulfill that obligation. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself doesn't cause injury, but it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is sometimes necessary to file a formal complaint with a state medical body in order to protect the rights of the patient and to ensure that the doctor does not commit any further mistakes. However, filing a claim is not the start of a lawsuit and is often just a first step to getting the malpractice case moving. It is recommended to talk with a Syracuse malpractice attorney before filing any report or document.

Summons

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

The next step is obtaining evidence through pretrial disclosure. This includes submitting requests for documentation such as hospital bills and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath as to their knowledge of the case.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical malpractice law firms malpractice case in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the doctor's breach of this duty, a causal link between the breach and injury or death of the patient, lawyers and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are able to seek and receive evidence pertinent to the case. This includes medical records prior to and after the an alleged malpractice, details about expert witnesses and tax returns or other documents relating to the out-of-pocket expenses that the plaintiff claims they incurred, along with the names and contact information for any witnesses who be present at trial.

Most states have a statute-of-limitations that limits the period that a patient must claim compensation after suffering injuries due to a medical mistake. These time limits are determined by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice claim the injured person must prove that the doctor's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of an official court reporter who records both the questions and the answers. Depositions are part of the discovery process which consists of gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is questioned and questioned, they must answer all questions honestly under an oath. Usually the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an essential stage of the trial and requires the complete attention and focus of the physician.

Depositions allow lawyers to get a complete background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to prove that the doctor did not meet your standard of care and that this breach resulted in injury to you. For example, physicians who have completed training in the area of malpractice cases will typically declare that they have a vast experience in performing certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the court of your choice. This begins a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect information to prove your case. This usually comprises medical records and testimony of an expert witness.

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 the jury that your injuries would be prevented if the doctor had acted in accordance with the standard of care. The lawyer for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are targets for false claims of malpractice Evidence from decades demonstrate that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle before trial.