How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in numerous medical malpractice lawsuits. This can include attorney time court fees as well as expert witness fees and other costs.

An injury caused by medical malpractice attorney professional's negligence, incompetence, error or omission could result in a medical malpractice claim. Victims of injury may seek compensation damages, which could include actual economic loss, such as the past and future medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice law firms malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to win. The injured patient, or their attorney in the event that the patient has passed away, must prove each of these legal elements:

That a doctor or hospital was required to act according to the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care is not a cause of injury, but it has to be proved that the breach directly caused the injury and was the main cause of the injury.

It is often necessary to file a claim to a state medical board in order to protect the rights of the patient and ensure that the doctor doesn't engage in further mistakes. However, filing a claim is not a way to start an action, and is often just a beginning step in getting the malpractice claim moving. It is generally recommended to consult an Syracuse lawyer for malpractice before filing a report or any other document.

Summons

As part of the legal process, a summons or claim form is filed with the court and then handed to the defendant physician. A lawyer appointed by the court will look over these documents. If it appears that there is a malpractice issue the lawyer is required to file an affidavit, along with a complaint to the court, detailing the claimed error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document like hospital billing information and clinic notes and taking the defendant physician's deposition during which lawyers ask the defendant about his or his knowledge of the situation under an oath.

The attorney for the plaintiff will use this information to establish the elements of a claim 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 failure to fulfill this duty as well as a causal connection between the breach and injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the discovery process both sides are allowed to request and receive evidence relevant to the case. This includes medical records prior to and following the suspected malpractice, information on experts, copies of tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims to have incurred, and the names and contact information for any witnesses who testify at trial.

The majority of states have a statute of limitation that permits injured patients a certain number of years after an injury or medical mistake to make a claim. The length of time is typically determined by the law of the state and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice claim, an injured patient must show that a doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions which take place in the presence a court reporter, who is able to record the questions as and the answers. The deposition is an element of the discovery process in which the parties collect evidence for use in the trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. When a physician is deposed and asked to answer questions in a straight and honest manner 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 a crucial stage in the trial, and the physician must be attentive to the case.

A deposition is a fantastic way for attorneys to get details about the doctor, including the doctor's education, training and experience. This information is essential to proving the doctor breached the standard of care you expect and that this breach resulted in injury to you. Physicians who have been trained in this area often affirm that they have years of experience performing certain procedures and techniques that may be relevant to a particular medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This begins the process of legal disclosure known as discovery. You and your doctor's team will work together to gather evidence to prove your case. The evidence typically comprises medical records and expert witness testimony.

The goal of proving malpractice is to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries could not have occurred had your doctor acted in accordance with the standard of care. The attorneys for your doctor medical malpractice attorney will present arguments that do not agree with the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous malpractice claims, decades of empirical research proves that jury verdicts usually reflect fair assessment of damages and negligence and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.