How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in a variety of medical malpractice lawsuits. This investment covers physician time and work product and attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice claim may be filed in the event that a healthcare professional has been negligent or has committed misconduct or erred, or acted in a way that was not. The injured party can seek compensation for economic losses, such as future or medical malpractice lawsuit past medical expenses and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to prevail. The injured patient, or their attorney if the patient has died must prove each of these legal elements:

A hospital or doctor was bound to follow the standards of care in force. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care does not cause injury; it must be proved that the breach directly caused the injury and was the main cause of the injury.

In order to protect the rights of a patient, and to ensure that a physician doesn't commit any further wrongdoing, it's necessary to file a claim with the state medical board. However, filing a report is not a way to start the process of a lawsuit, and is typically just a first step to getting the malpractice claim moving. It is recommended to speak with a Syracuse malpractice attorney before making any report or other 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 court-appointed lawyer for the plaintiff will then look over the documents and, if they believe that there is an incident of malpractice, they will file a complaint and affidavit to the court detailing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation including hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys will then ask the defendant under oath regarding his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the physician's infraction of this obligation and a causal link between the breach and injury or death of the patient and the amount of damages to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records prior to and following the mishaps, information about expert witnesses and tax returns or other documents relating to out-of-pocket expenses the plaintiff claims to have incurred, as well as the names and contact information for witnesses who are expected to testify at trial.

The majority of states have a statute of limitations that permits injured patients the time period of a certain amount of years after a medical error to bring a lawsuit. These time limits are determined by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice case, an injured patient must show that a doctor's negligence caused 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 injury or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of an official court reporter who records both the questions and the responses. The deposition is a part of the discovery procedure, which is the process of gathering evidence that can be used in a trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. When a doctor is questioned they must answer all questions in an honest and open manner under an oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is an important stage in the case, and the physician must be attentive to the case.

A deposition is a fantastic opportunity for lawyers to gather an extensive background on the doctor, including the doctor's education, training and experience. This information is crucial to prove that the doctor did not meet your standard of care and resulted in injury to you. For example, physicians who have received training in the field of malpractice cases generally testify that they have vast experience in the execution of specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This initiates a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect evidence to support your case. The evidence usually consists of medical records and the testimony of expert witnesses.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor Medical Malpractice Lawsuit had followed the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented to you by your lawyer.

Despite the legend that doctors are targets for frivolous malpractice claims, years of empirical research has shown that jury verdicts tend to reflect reasonable assessment of damages and negligence, and that juries are skeptical about excessive damage awards. The vast majority of malpractice cases settle before trial.