How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This can include physician hours and work product attorneys' time, court costs as well as expert witness fees and countless other expenses.

A traumatic injury caused by medical professional's negligence, incompetence, error or omission could result in medical malpractice claims. Victims of injury can seek compensation for economic losses, like past or future medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

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

The defendant did not fulfill that obligation. The defendant violated that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care will not directly cause injury. It must be demonstrated that it caused the injury directly and was the main reason for the injury.

It is often necessary to file a complaint with a state medical malpractice attorney (vimeo.com) body in order to protect the rights of the patient and ensure that the doctor does not commit further errors. But, filing a report is not a way to start an action, and is often just a beginning step in moving the malpractice claim. It is generally recommended to speak with a Syracuse malpractice lawyer before making a report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears that there is a malpractice case the lawyer will file an affidavit and complaint with the court, describing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital invoices and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant on his or her knowledge of the case under the oath.

This information will be used by the attorney representing the plaintiff to prove the elements of an action for medical malpractice in court. These include the existence of a duty on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's death or injury and a significant amount of damages resulting from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes zion medical malpractice lawyer records from before and after an incident of negligence, medical malpractice attorney information regarding experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact information of witnesses who will testify at trial.

There are many states with a statute of limitations that limits the length of time that a patient is allowed to seek compensation for injuries caused by medical error. The length of time is typically determined by the law of the state and are subject to a rule known as the "discovery rule."

In order to win a medical malpractice case, an injured patient must show that a doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of a court reporter who documents both the questions as well as the answers. Depositions are part of the discovery process in 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 and asked to answer questions honestly under oath. Usually the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is an important stage in the case, 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 her training, education and experience. This information is essential for showing that the doctor violated the standard of care in your particular case and that the breach caused you harm. Physicians who have been trained in this field will typically be able to prove they have experience with certain techniques and procedures that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. Your doctor and your staff will work together in order to gather evidence that can prove your case. The evidence typically includes medical records as well as expert witness testimony.

The purpose of proving malpractice is to prove that your doctor's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standards of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite folklore suggesting that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect reasonable evaluations of damages and negligence and that juries are skeptical about inflated damage awards. The vast majority malpractice cases are settled prior to trial.