How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in numerous medical malpractice lawsuits. This can include attorney time and court costs expert witness fees, and other costs.

An injury resulting from a healthcare professional's negligence, incompetence, error or omission could result in medical malpractice claims. Victims of injury may seek compensation damages, which could include actual economic loss such as past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be able to prevail. The person who was injured (or their attorney if they've passed away) must be able to prove each of the following legal aspects of the claim:

That a doctor or hospital was required to perform its duties in accordance with the standard of care applicable. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot necessarily cause injury. It must be proven that it directly caused the injury and was the primary cause for the injury.

It is typically required to file a complaint to a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't engage in further negligence. But, filing a report does not initiate the process of a lawsuit, and is typically only a first step in making the malpractice claim move. It is usually recommended to speak with a Syracuse attorney for malpractice prior to filing a report or any other type of document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the doctor who is the defendant. A plaintiff's lawyer who is appointed by the court will look over the documents. If it is determined that there is a malpractice issue the lawyer is required to file an affidavit as well as a complaint with the court, describing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents like hospital billing information as well as notes from clinics and taking the defendant physician's deposition during which lawyers ask the defendant about his or his knowledge of the case under an oath.

The information provided will be used by the attorney representing the plaintiff to prove the elements of a claim for medical malpractice in the course of trial. This includes the existence of a duty on the doctor's part to provide medical care and treatment to patients; the doctor's breach of this duty a causal link between the breach and the patient's injuries or firm death and a substantial amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records that were taken prior to and after an incident of alleged negligence, details about experts and tax returns or other documentation relating to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who are expected to testify in the trial.

Most states have a statute-of-limitations that limit the amount of time a patient can seek compensation for injuries caused by an error made by a doctor. The length of time is typically set by law of the state, and they are subject to rules known as the "discovery rule."

To prevail in a medical malpractice claim the patient who was injured must prove that a physician's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation, i.e. that negligence caused 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 the answers. The deposition is a part of the discovery process which is about gathering information that can be used in the trial.

Attorneys can ask a series questions to witnesses, usually doctors. When a doctor is questioned they must answer all questions in an honest and open manner under an oath. Usually, the physician is questioned questions by an attorney and then cross-examined by another attorney. This is a crucial stage of the case and requires the complete attention and focus of the physician.

A deposition is a great way for attorneys to obtain a detailed background of the doctor, including his or her training, education and experience. This information is crucial in proving the doctor breached the standard of care you expect and that this breach caused injury. For instance, doctors who have trained in the area of malpractice cases usually affirm that they have extensive knowledge of certain procedures and methods that could be relevant to a particular medical malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal process of disclosure known as discovery which is where you and your doctor's team collaborate to collect information to prove your case. The evidence typically comprises medical records and testimony from an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor firm were below the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your attorney.

Despite the common belief that doctors are targets for fraudulent malpractice claims the decades of evidence confirm that jury verdicts are based on reasonable assessments of damages and negligence and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.