How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes physician hours and work product, attorney time court costs as well as expert witness fees and many other costs.

An injury resulting from an healthcare professional's negligence, mistakes, or error could result in medical malpractice claims. Victims of injury can seek compensation for financial losses, such as past or future medical malpractice lawyers expenses as well as non-monetary damages, medical malpractice lawsuit like pain and discomfort.

Complaint

A medical malpractice attorneys malpractice claim is a complex matter and requires proof of credibility for success. The patient who has been injured (or their attorney if they've passed away) must demonstrate each of the following legal elements of the claim:

The defendant violated this duty. The defendant did not meet this obligation. That 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 was the direct cause of the injury.

It is typically necessary to file a complaint with a medical board in the state to protect the rights of the patient and to ensure that the doctor does not commit additional errors. But, filing a report does not start the process of a lawsuit, and is typically just a beginning step in getting the malpractice claim moving. It is recommended to speak with an 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 plaintiff's lawyer appointed by the court will examine the documents. If it is determined that there is a malpractice case the lawyer will file an affidavit, along with a complaint to the court, detailing the alleged mistake.

The next step is to gather evidence through pretrial disclosure. This involves submitting requests for documentation such as hospital invoices or clinic notes, as well as taking the defendant physician's deposition during which lawyers ask the defendant on his or his knowledge of the case under oath.

The plaintiff's attorney will use this evidence to prove the elements of a medical negligence claim in court. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injuries or death; and a sufficient amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records from prior to and after an incident of alleged negligence, details about experts, copies of tax return or other documents related to out-of pocket expenses that the plaintiff claims to have incurred, and the names and contact information of any witnesses who will be testifying during the trial.

There are many states with a statute of limitations that limits the length of time that a patient is allowed to claim compensation after suffering injuries due to medical error. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor resulted in specific harm such as physical pain, or medical malpractice lawsuit loss of income. They must also prove causation i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence a court reporter, who will record the questions as in the responses. The deposition is an element of the discovery process, in which the parties collect evidence to use in a trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a physician is questioned by a lawyer, the doctor must answer the questions truthfully under an oath. Typically, the doctor is initially questioned by an attorney before being interrogated by a different attorney. This is an important stage of the case that requires the complete concentration and attention of the doctor.

Depositions allow lawyers to get a complete background on the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial to establish that the doctor violated the standards of care in your case and that the breach caused you injury. For example, physicians who have completed training in the field of malpractice cases will typically testify that they have vast experience in performing certain procedures and techniques that may be relevant to a particular medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates the legal disclosure process known as discovery. You and your doctor's team will work together to collect evidence to support your case. The evidence typically comprises medical records and testimony of an expert witness.

The goal of proving negligence is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of frivolous claims of malpractice years of evidence shows that jury verdicts reflect fair assessment of the severity of the damage and negligence and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases settle before trial.