How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in many medical malpractice lawsuits. This investment includes attorney time court fees, expert witness fees and other costs.

An injury caused by an healthcare professional's negligence, mistakes, or error could result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses as well as non-monetary injuries, such as pain and discomfort.

Complaint

A medical malpractice law firm malpractice case is complex and requires credible proof to be able to prevail. The injured patient or their lawyer in the event that the patient has passed away, must be able to prove each of these elements:

The defendant breached the duty. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot necessarily cause injury. It must be shown that it caused the injury directly and was the main reason for the injury.

In order to protect the rights of a patient, and to ensure that a physician doesn't commit any further mistakes, it is essential to file a report with the state medical board. A report is not a lawsuit, however, it is an excellent first step in beginning the process of bringing a malpractice claim. It is recommended to speak with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court for the plaintiff will review the documents and, if they believe that there may be an incident of malpractice and they file a complaint and affidavit with the court, describing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing information and notes from the clinic, and then taking the defendant's deposition where lawyers question the defendant about his or his knowledge of the situation under oath.

The information provided will be used by the lawyer for the plaintiff to establish the elements of a claim for medical negligence in the course of trial. These include the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; a causal relationship between the breach and the patient's injury or death and a substantial amount of damages that result from the injury or death to justly award monetary compensation.

Discovery

During the discovery process both sides are entitled to ask for medical malpractice Lawsuit and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information regarding experts and tax returns, copies of the tax return or other documentation relating to expenses out of pocket that the plaintiff claims have been paid, as well as the names and contact details of witnesses who are expected to testify in the trial.

Most states have a statute of limitations which allows injured patients the time period of a certain amount of years after a medical error to pursue a lawsuit. The time limit is usually determined by state law, and are subject to rules called the "discovery rule."

To prevail in a medical malpractice lawsuit, the patient must demonstrate that the negligence of the doctor resulted in a specific injury, like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in the presence a court reporter, who is able to record the questions as with the answers. The deposition is an element of the discovery process, which consists of gathering information that can be used in the trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. If a physician is interrogated, he or she must answer all questions truthfully under an oath. Typically, the doctor is first questioned by an attorney before being interrogated by a different attorney. This is a crucial phase in the case and the physician has to focus on it with complete attention.

A deposition can help attorneys get a complete background on the doctor's qualifications in relation to his or the training, education and experience. This information is essential to showing that the doctor violated the standard of care in your situation and that the breach resulted in injury. Physicians who have received training in this area are likely to be able to prove they have experience in performing specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This initiates a legal disclosure process called discovery. Your doctor and your staff will work together to gather evidence to support your case. The evidence usually consists of medical records as well as testimony from expert witnesses.

To prove that you committed a crime you must prove that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will present arguments that do not agree with the evidence presented by your attorney.

Despite folklore suggesting that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts typically reflect reasonable assessments of negligence and damages, and that juries are skeptical about excessive damage awards. The vast majority of malpractice cases settle prior to trial.