How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This can include attorney time court fees, expert witness fees and other costs.

An injury resulting from a healthcare professional's negligence, misconduct, error or omission can result in a medical malpractice claim. Victims of injury may seek compensation damages, which include economic losses such as past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility for success. The injured person or their attorney when the patient has passed away must prove each of these legal elements:

That a doctor or hospital had a responsibility to perform its duties in accordance with the standard of care applicable. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury; it must be shown that the breach directly caused the injury and was the direct reason for the injury.

To protect a patient's rights, and to ensure that a doctor is not committing further malpractice, it is necessary to file a complaint with the state medical board. But, filing a report does not initiate an action and is usually just a step towards moving the malpractice claim. It is often best to consult with an Syracuse lawyer for malpractice before making a report or other document.

Summons

As part of the legal procedure, 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 then go over these documents and, if it is found that there is an incident of malpractice then they will submit a complaint and an affidavit before 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 requests to document such as hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or his knowledge of the case under the oath.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a claim for medical malpractice in court. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's breach of this duty and a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation 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 prior to and after the incident of alleged malpractice, information about experts and tax returns, copies or other documents relating to the out-of-pocket expenses that the plaintiff claims were incurred and also the names and contact details for any witnesses who testify at trial.

The majority of states have a statute of limitations which allows injured patients an amount of time after a medical error to file a lawsuit. These limitations are set by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical negligence lawsuit, a patient who has been injured must show that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence of a court reporter who takes notes of the questions as well as the answers. Depositions are part of the discovery process through which the parties gather information to use in the trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a physician is deposed and questioned, they must answer the questions truthfully under the oath. Typically, the doctor is first asked questions by an attorney and then interviewed by another attorney. This is an important stage in the trial and the physician must give it their full attention.

Depositions are a great method for lawsuits lawyers to obtain details about the doctor, including his or his education, training and experience. This information is crucial in showing that the doctor violated the standard of care you expect and that this breach caused you injury. For instance, doctors who have been trained in the field of malpractice cases typically will declare that they have a vast experience in the execution of certain procedures and methods that could be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the appropriate court. This triggers a legal procedure of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to support your case. This typically includes medical records and lawsuits testimony of an expert witness.

The objective of proving that you have committed a malpractice is to prove that the actions of your doctor did not meet the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred had your physician acted according to the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence provided by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims decades of research on the subject shows that jury verdicts usually reflect reasonable evaluations of damages and negligence, and that juries are skeptical about damages that are exaggerated. The vast majority malpractice cases are settled before trial.