How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This investment covers physician time and work product as well as attorney time court costs and expert witness fees and many other costs.

An injury caused by medical professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. The injured party can seek compensation for financial losses, such as future or past medical Malpractice Attorney bills as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice case is a complicated one and requires credible proof to be successful. The patient who has been injured (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

The defendant breached the obligation. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care cannot cause injury on its own. It must be proved that it directly caused the injury and was the primary cause for the injury.

In order to protect a patient's rights, and to ensure that a doctor does not continue to commit malpractice, it is necessary to file a report with the state medical board. However, filing a report is not a way to start an action and is usually only a first step in getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and medical malpractice attorney delivered to the defendant physician. A plaintiff's lawyer appointed by the court will look over these documents. If it is determined that there is a malpractice issue the lawyer will file an affidavit and a complaint with the court, describing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation like hospital billing or clinic notes, and taking depositions of the defendant physician. Attorneys will then inquire with the defendant under oath regarding their knowledge of the case.

The plaintiff's attorney will use this evidence to prove the elements of a claim for medical malpractice at trial. This includes the existence of a duty on the physician's part to provide treatment and treatment to patients; the physician's infraction of this duty causality between the breach and the patient's death or injury and a significant amount of damages resulting from the injury or death to justify a monetary award of compensation.

Discovery

During the discovery process both sides are able to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of negligence, details about experts and tax returns or other documentation related to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact information of witnesses who will testify at trial.

The majority of states have a statute of limitations that limit the amount of time a patient can seek compensation for injuries caused by an error made by a doctor. These limitations are set by state laws and are subject to a rule called the "discovery rules."

To win a medical malpractice lawyer malpractice claim the patient who was injured must prove that the doctor's negligence caused a specific injury, 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 injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in the presence of a court reporter who is able to record the questions as and the answers. The deposition is part of the discovery procedure, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is deposed and questioned, they must answer each question truthfully under an oath. Typically, the doctor is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial step in the trial and the physician has to pay attention to it with all their heart.

A deposition allows attorneys to gather a full background of the doctor in terms of his or their education, training and experience. This information is essential to showing that the doctor violated your standard of care and caused injury. For instance, doctors who have trained in the field of malpractice cases typically will testify that they have vast experience in the execution of certain procedures and practices that could be relevant to a particular medical malpractice lawsuits-malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. This triggers a legal procedure of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This evidence usually comprises medical records and expert witness testimony.

The goal of proving malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your lawyer.

Despite the common belief that doctors are the target of frivolous claims of malpractice, decades of empirical evidence shows that jury verdicts are based on reasonable judgments of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled before trial.