How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This includes doctor hours and work product, attorney time court costs, expert witness fees, and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or acted in a way that was not. Victims of injury can seek compensation for financial losses, such as future or past Medical Malpractice law firm expenses as well as non-monetary damages, like discomfort and pain.

Complaint

A medical malpractice suit has many moving parts and requires a solid evidence to win. The person who was injured or their lawyer in the event that the patient has passed away must demonstrate each of these legal elements:

A hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care will not cause injury on its own. It must be proved that it directly caused the injury and was the proximate reason for the injury.

To protect a patient's rights, and to ensure that a doctor doesn't commit any further errors, it is required to file a complaint with the state medical board. However, filing a report is not the start of an action, and is often just a step towards getting the malpractice claim moving. It is advisable to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and delivered to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will review the documents and, if it appears that there may be an issue with malpractice the lawyer will file an affidavit and complaint with the court, describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence like hospital billing and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys then will question the defendant under oath about the details of the case.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical negligence claim during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's infraction of this obligation and a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, medical malpractice law firm both parties are entitled to request any evidence relevant to their case. This includes medical records before and after the suspected malpractice, information on expert witnesses, copies of tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact information of any witnesses who are scheduled to be called to testify in the trial.

The majority of states have a statute of limitations that restricts the amount of time a patient can claim compensation after suffering injuries due to a medical malpractice law firm mistake. The time limit is set by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawyers malpractice lawsuit, the patient has to prove that the doctor's negligence resulted in specific harm like physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for medical Malpractice law firm their injuries or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence of a court reporter who takes notes of the questions as well as the answers. Depositions are part of the discovery process, in which parties gather information to be used in a trial.

Depositions allow attorneys to ask witnesses, usually doctors, a series of questions. When a physician is questioned, he or she must answer each question truthfully under an oath. Typically, the doctor is asked questions by one attorney and later cross-examined by a second attorney. This is a crucial stage in the trial, and the physician must be attentive to the case.

A deposition is an excellent way for attorneys to get a detailed background of the doctor, including his or their education, training, and experience. This information is essential for establish that the doctor violated the standard of care in your situation and that the breach directly resulted in injury. Physicians who have received training in this area are likely to affirm that they have years of experience with certain techniques and procedures that may be relevant to a particular medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This initiates a legal disclosure process called discovery. Your doctor and your staff will work together to gather evidence to prove your case. This evidence usually includes medical records as well as testimony of an expert witness.

To prove malpractice it is necessary to prove that the doctor's actions were below the standard 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 standards of care. The lawyer for your doctor will present defenses which contradict the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence shows that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.