How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and lawyers. This investment includes physician hours and work product as well as attorney time, court costs as well as expert witness fees and countless other expenses.

An injury caused by a healthcare professional's negligence, misconduct, error or omission can result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for financial losses, such as past or future medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice law firms malpractice lawsuit is made up of many moving parts and requires a solid evidence to win. The injured person, or their attorney should the patient die must prove each of these legal elements:

A hospital or doctor was bound to act according to the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care is not a cause of injury, but it must be proved that the breach directly caused the injury and was the main reason for the injury.

It is usually necessary to file a formal complaint with a medical board in the state in order to protect patients' rights and ensure that the doctor doesn't engage in further malpractice. A report is not a lawsuit but it can be the first step to initiating the malpractice lawsuit. It is generally recommended to consult with a Syracuse malpractice lawyer before making a report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court for plaintiff will then go over these documents and, if they believe that there is an instance of malpractice the lawyer will file a complaint along with an affidavit before the court describing the medical error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys then will question the defendant under oath as to his or her knowledge regarding the case.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical malpractice attorney malpractice claim in court. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty, a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information about experts and tax returns or other documents relating to out-of pocket expenses that the plaintiff claims to have attributable to them, Medical Malpractice Law firms and the names and contact information of any witnesses who are expected to testify in the trial.

Most states have a statute-of-limitations that limits the period that a patient must pursue a lawsuit after being injured due to a medical mistake. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

In order to win a medical malpractice lawsuit the patient who was injured must prove that a physician's negligence caused specific harm that is 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 question and answer sessions that are conducted in front of a court reporter who documents both the questions as well as the answers. Depositions are a part of the discovery process, in which the parties collect evidence to use in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. If a doctor is interrogated they must answer all questions in an honest and open manner under oath. Usually, the physician is first asked questions by an attorney and later interviewed by another attorney. This is a crucial phase of the case and requires the full concentration and attention of the doctor.

A deposition is a fantastic opportunity for lawyers to gather an in-depth background on the doctor, including her training, education and experience. This information is critical to prove that the doctor did not meet the standards of care in your case and that the breach resulted in injury. Doctors who have been trained in this area are likely to affirm that they have years of experience in performing specific procedures and techniques that may be relevant to a specific medical-malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This initiates a legal process of disclosure, referred to as discovery where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records and expert witness testimony.

To prove malpractice it is necessary to prove that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. Your doctor's lawyers will argue arguments that are contrary to the evidence provided by your attorney.

Despite the myth that doctors are targets for false claims of malpractice the decades of evidence show that jury verdicts are based on reasonable estimates of negligence and damages and that juries are skeptical of excessive award amounts. The majority of malpractice cases settle prior to trial.