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 investment includes attorney time as well as court fees expert witness fees, court costs and other costs.

A traumatic injury caused by medical professional's negligence, mistake, or omission could result in medical malpractice claims. Victims of injury may seek compensation damages, which could include actual economic losses such as past and future medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility to be able to prevail. The injured person or their attorney in the event that the patient has passed away must prove each of these legal elements:

A hospital or doctor Medical malpractice lawsuit was bound to act in accordance with the standards of care in force. The defendant violated that obligation. 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 doesn't cause injury; it must be proven that the breach directly caused the injury and medical malpractice lawsuit was the primary cause of the injury.

It is sometimes required to file a complaint with a state medical board in order to protect the patient's rights and ensure that the doctor does not commit additional mistakes. A report is not a lawsuit, but it could be the first step to beginning the process of bringing a malpractice claim. It is advisable to speak with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if they believe that there could be an incident of malpractice then they will 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 the submission of requests for documentation such as hospital bills and clinic notes, as well as taking depositions of the defendant's physician. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

This information will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical negligence during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the doctor's failure to fulfill this duty, a causal link between the breach and injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery process, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records before and following the suspected malpractice, information on experts and tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims they incurred, along with the names and contact information for witnesses who are expected to be present at trial.

Most states have a statute of limitations that gives injured people the time period of a certain amount of years after a medical mishap to make a claim. Those time limits are usually set by law in the state, and they are subject to rules called the "discovery rule."

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

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence a court reporter, who is able to record the questions as as the answers. Depositions are part of the discovery process which is about gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors for a series of questions. When a doctor is questioned and questioned, they must answer all questions honestly under an oath. Typically, the doctor is first interrogated by an attorney, and then cross examined by another attorney. This is an important stage in the case and the physician has to focus on it with complete attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor's background, including his or his education, training, and experience. This information is essential to prove that the doctor did not meet the standards of care in your particular case and that the breach caused you harm. For instance, doctors who have received training in the field of malpractice cases typically will affirm that they have extensive experience performing certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

A civil court is formally launched when your lawyer file a complaint and summons with the appropriate court. This starts the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to support your case. The evidence typically includes medical records as well as testimony from an expert witness.

To prove malpractice it is essential to establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor followed the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence that your attorney has presented.

Despite the belief that doctors are the target of frivolous claims of malpractice, decades of empirical evidence shows that juries make reasonable assessments of damages and negligence, and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled prior to trial.