How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment includes physician hours and work product attorneys' time court costs as well as expert witness fees and many other costs.

A medical Malpractice attorney malpractice lawsuit can be filed in the event that a healthcare professional has been negligent, has committed misconduct, made an error, or failed to take action. Injury victims may seek compensatory damages, which could include actual economic losses such as past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A kaufman medical malpractice attorney malpractice case has many moving parts and requires reliable evidence to be successful. The person who was injured (or their attorney if they've died) must demonstrate each of the following legal elements of the claim:

The defendant did not fulfill that duty. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury; however, it must be proven that the breach directly caused the injury and was the direct reason for the injury.

It is often necessary to file a formal complaint with a medical board in the state to protect the rights of the patient and ensure that the doctor does not engage in further negligence. However, filing a claim does not initiate an action, and is often just a first step to moving the malpractice claim. It is recommended to talk with a Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal process, a summons or claim form is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if it is found that there may be an instance of malpractice, medical Malpractice attorney they will file an affidavit and complaint to the court detailing the medical error that they believe to have committed.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for documentation like hospital billing records or clinic notes, as well as conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the case under an oath.

The information provided will be used by the attorney representing the plaintiff to establish the elements of a claim for medical malpractice in court. 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 failure to fulfill this duty, a causal link between the breach and injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are able to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of negligence, details about experts and tax returns or other documents related to expenses out of pocket the plaintiff claims to have paid, as well as the names and contact details of witnesses who will be appearing during the trial.

The majority of states have a statute of limitations that allows injured patients only a certain number of years after a medical mishap to pursue a lawsuit. These time limits are typically set by law of the state, and they are subject to rules called the "discovery rule."

To win a medical malpractice claim the patient who was injured must prove that a physician's negligence caused specific harm like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their injury or death.

Deposition

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

Depositions permit attorneys to ask witnesses, typically doctors to answer a series of questions. When a physician is deposed and questioned, they must answer each question truthfully under the oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by a different attorney. This is a crucial stage of the trial and requires the full attention and focus of the physician.

A deposition is a great way for attorneys to get an in-depth background on the doctor, including his or their education, training, and experience. This information is essential to prove that the doctor did not meet your standard of care and resulted in injury to you. Physicians who have received training in this field will typically affirm that they have years of knowledge of specific procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This is the beginning of a legal disclosure process called discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. This usually includes medical records as well as testimony from an expert witness.

The goal of proving malpractice is to establish that the actions of your doctor 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 had your physician acted according to the standard of care. Your doctor's lawyers will argue arguments that do not agree with the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, decades of empirical research shows that jury verdicts tend to reflect reasonable assessment of damages and negligence and juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.