How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in numerous medical malpractice lawsuits. This includes attorney time and court costs, expert witness fees and other expenses.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct, made an error, or failed to take action. The injured party can seek compensation for economic losses, such as future or past medical malpractice lawyers bills and medical malpractice also non-economic injuries, such as pain and discomfort.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to be successful. The injured patient, or their attorney should the patient die, must show each of these legal elements:

The defendant breached that obligation. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not in itself cause injury. It must be demonstrated that it caused the injury directly and was the primary reason for the injury.

It is usually 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 does not commit additional malpractice. A report is not a lawsuit but it can be a good first step in initiating the malpractice lawsuit. It is often best to speak with a Syracuse malpractice lawyer before filing a report or any other document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will review these documents. If it is determined that there is a malpractice issue, the lawyer will file an affidavit and complaint with the court, describing the alleged error.

The next step is to obtain evidence by pretrial disclosure. This includes filing requests for documents like hospital billing and notes from clinics, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath as to their knowledge of the case.

This information will be utilized by the lawyer representing the plaintiff to prove elements of an action for medical malpractice in the course of trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's violation of this duty and a causal connection between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are able to request and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, information regarding experts as well as copies of tax returns or other documentation relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact details of any witnesses who will testify during the trial.

The majority of states have a statute of limitation which allows injured patients a certain number of years after a medical error to pursue a lawsuit. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

In order to win a medical negligence lawsuit, an injured patient must prove that the negligence of a doctor resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in front of a court reporter who documents both the questions and answers. The deposition is a part of the discovery process in which the parties gather information to be used in a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a set of questions. When a physician is deposed, he or she must answer the questions truthfully under the oath. Typically, the doctor is first asked questions by an attorney and later interrogated by a different attorney. This is an important stage of the process and requires the complete concentration and attention of the doctor.

A deposition is a great way for attorneys to obtain an extensive background on the doctor, including his or his education, training and experience. This information is essential to showing that the doctor violated the standard of care in your particular case and that the breach caused injury to you. For instance, doctors who have completed training in the area of malpractice cases generally be able to prove that they have a lot of knowledge of specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This initiates a legal process of disclosure called discovery, which is where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records and testimony from expert witnesses.

To prove that you committed a crime it is essential 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 that your injuries would not have occurred if your physician acted according to the standards of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented by your lawyer.

Despite the common belief that doctors are targets for frivolous claims of malpractice years of evidence shows that jury verdicts reflect reasonable assessments of damages and negligence, and that juries are skeptical of excessive award amounts. The vast majority of malpractice cases settle before trial.