How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This can include attorney time court fees, expert witness fees and other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or committed an error or failed to take action. Victims of injury can seek compensation for financial losses, such as future or past medical malpractice law firm expenses and also non-economic damages, like pain and discomfort.

Complaint

A medical malpractice suit has many moving parts and requires reliable evidence to prevail. The injured patient (or their attorney if they've died) must prove each of the following legal elements of the claim:

That a doctor or hospital was bound to act according to the standards of care in force. The defendant failed to meet this duty. 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 itself does not cause an injury; it must be proved that the breach directly caused the injury and was the proximate cause of the injury.

It is usually necessary to file a claim with a state medical body in order to protect the patient's rights and ensure that the doctor does not commit additional errors. However, firm filing a complaint is not a way to start an action and is usually just a beginning step in getting the malpractice case moving. It is recommended to speak with an Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for plaintiff will then review these documents and, if it is found 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 is to gather evidence by pretrial disclosure. This involves submitting documents such as hospital invoices and clinic notes and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or her knowledge of the case under the oath.

The information provided will be used by the attorney representing the plaintiff to prove elements of an action for medical malpractice lawyer malpractice in court. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide treatment and care to patients, the physician's failure to fulfill this duty, a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process both sides are entitled to seek and receive evidence pertinent to the 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 expenses out of pocket the plaintiff claims to have paid, Firm as well as the names and contact details of witnesses who will be testifying at trial.

The majority of states have a statute of limitation which allows injured patients some time after a medical error to bring a lawsuit. Those time limits are usually determined by the law of the state and they are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of a court reporter who documents both the questions and the answers. The deposition is an element of the discovery process through which the parties collect evidence to use in a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a physician is deposed, he or she must answer the questions truthfully under oath. Usually, the physician is questioned questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial phase of the case that requires the complete concentration and attention of the physician.

A deposition allows attorneys to obtain a detailed background on the doctor's qualifications in relation to his or their education, training and experience. This information is essential to establish that the doctor violated the standard of care in your situation and that the breach resulted in injury. For instance, doctors who have been trained in the area of malpractice cases will typically affirm that they have extensive experience performing certain procedures and methods that may be relevant to a particular medical malpractice claim.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the court of your choice. This begins a legal process of disclosure known as discovery where you and your doctor's team work together to gather evidence to prove your case. The evidence usually consists of medical records as well as testimony from experts.

To prove that you committed a crime you must prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for false claims of malpractice, decades of empirical evidence confirm that juries make reasonable estimates of negligence and damages and that juries are skeptical of inflated award amounts. The majority of malpractice cases settle prior to trial.