How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This can include physician hours and work product, attorney time, court costs as well as expert witness fees and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has committed misconduct or committed an error or failed to act. Injury victims may seek compensatory damages, including actual economic loss, such as the future and past medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof for success. The person who was injured (or their attorney if they've lost their claim) must be able to prove each of the following legal aspects of the claim:

The defendant breached that duty. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care does not necessarily cause injury. It must be shown that it caused the injury directly and was the primary cause for medical malpractice lawsuit the injury.

To ensure the rights of a patient and to ensure that a physician is not committing further malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit however, it is the first step to initiating the malpractice lawsuit. It is recommended to consult an Syracuse malpractice lawyer prior to filing a report, or any other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over these documents. If it appears that there may be a malpractice case and the lawyer files an affidavit and complaint with the court, describing the suspected mistake.

The next step is to gather evidence through pretrial disclosure. This includes submitting requests for documentation including hospital billing and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys then will question the defendant under oath as to his or her knowledge of the case.

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

Discovery

During the process of discovery both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records prior to and after the alleged malpractice, information about expert witnesses, copies of tax returns or other documentation related to out-of-pocket expenses the plaintiff claims to have incurred, and also the names and contact details for witnesses who are expected to appear at trial.

Most states have a statute-of-limitations that limit the period that a patient must sue after being injured by an error made by a doctor. These time limits are typically determined by the law of the state and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice claim, an injured patient must prove that the doctor's negligence caused a 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 question-and-answer sessions which take place in the presence a court reporter, who takes notes of the questions as well and the answers. Depositions are part of the discovery procedure, which involves gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, which are usually doctors. If a doctor is interrogated they must answer all questions truthfully under oath. Usually, the physician is initially questioned by an attorney before being interrogated by a different attorney. This is a crucial stage of the trial and requires the full concentration and attention of the doctor.

A deposition can help attorneys obtain a detailed background on the doctor in terms of his or the training, education and experience. This information is crucial to proving that the physician breached the standards of care in your particular case and that the breach directly caused you harm. Physicians who have received training in the area will often affirm that they have years of experience performing certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This starts the process of legal disclosure known as discovery. You and your doctor's team will work together in order to gather evidence that can prove your case. This evidence typically includes medical records and the testimony of expert witnesses.

To prove that you committed a crime it is essential to establish that your doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor followed the standards of care. Your doctor's lawyers will argue arguments that do not agree with the evidence provided by your attorney.

Despite the myth that doctors are the target of fraudulent malpractice claims Evidence from decades demonstrate that jury verdicts reflect fair assessment of the severity of the damage and negligence and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases settle prior to trial.