How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in many medical malpractice lawsuits. This can include physician hours and work product, attorney time court costs and expert witness fees and many other costs.

A medical malpractice case can be filed if a healthcare professional is negligent, has committed misconduct or erred, or acted in a way that was not. Injury victims can seek compensation for economic losses, like past or future medical malpractice law firm bills, as well as noneconomic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to be successful. The injured person or their attorney if the patient has died must show each of these legal elements:

That a doctor or hospital was bound to act according to the applicable standard of care. The defendant breached 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 itself is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the main reason for the injury.

It is often necessary to file a formal complaint with a medical board in the state to protect patients' rights and ensure that the doctor doesn't commit additional errors. But, filing a report does not initiate an action, and is often just a beginning step in moving the malpractice claim. It is usually recommended to consult a Syracuse attorney for malpractice prior to filing a report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears that there is a malpractice issue the lawyer will file an affidavit and complaint with the court, detailing the possible mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation including hospital billing and notes from clinics, and taking the deposition of the defendant's doctor. Attorneys will then inquire with the defendant on oath about his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice case during trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach of this duty; an causal connection between the breach and the patient's injury or death and a substantial amount of damages that result from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical malpractice attorneys records prior to and following the suspected malpractice, information on expert witnesses, copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims were incurred, along with the names and contact information for any witnesses who will appear at 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 file a lawsuit. These time limits are determined by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, the patient must prove that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -meaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

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

Attorneys may ask a series of questions to witnesses, mostly doctors. If a doctor is interrogated and questioned, they must answer all questions truthfully under an oath. Typically, the doctor is first questioned by an attorney before being cross examined by another attorney. This is a crucial stage of the process and requires the complete attention and focus of the physician.

A deposition can help attorneys get a complete background on the doctor's background, including his or her education, Medical malpractice law Firm training and experience. This information is crucial for showing that the doctor violated your standards of care and caused you harm. For example, physicians who have completed training in the field of malpractice cases typically will be able to prove that they have a lot of experience in the execution of specific procedures and techniques that may be relevant to a specific medical-malpractice claim.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This is the beginning of a legal disclosure process called discovery. You and your doctor's staff will work together to gather evidence to support your case. This evidence usually includes medical records and testimony of an expert witness.

To prove that you committed a crime it is essential to establish that the doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence confirm that jury verdicts reflect fair assessment of the severity of the damage and negligence, and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled before trial.