How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This investment includes attorney time, court fees as well as expert witness fees and other costs.

A traumatic injury caused by medical professional's negligence, incompetence, error or omission could result in a medical malpractice claim. Injury victims may seek compensatory damages, including actual economic loss such as past and future medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires evidence of credibility for success. The injured person, or their attorney when the patient has passed away must be able to prove each of these elements:

The defendant violated this duty. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot directly cause injury. It must be shown that it directly caused the injury and was the primary reason for the injury.

In order to protect a patient's rights, and to ensure that a physician is not committing further malpractice, it is necessary to file a report with the state medical board. But, filing a report is not a way to start the process of a lawsuit, and is typically just a step towards moving the malpractice claim. It is often best to speak with a Syracuse malpractice lawyer prior to filing a report or other document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will examine the documents. If it appears there could be a malpractice claim and the lawyer files an affidavit and a complaint with the court, detailing the suspected error.

The next step is to gather evidence through pretrial disclosure. This includes filing requests for documents such as hospital bills and clinic notes, and taking depositions of the defendant's physician. Attorneys will then ask the defendant under oath about his or her knowledge regarding the case.

The attorney for the plaintiff will use this evidence to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's infraction of this obligation and a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records from before and after an incident of negligence, Medical Malpractice Law Firms information on experts and tax returns or other documentation relating to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will be appearing in the trial.

There are many states with a statute of limitations which limits the amount of amount of time a patient can pursue a lawsuit after being injured due to medical Malpractice law Firms error. Those time limits are usually set by law of the state, and they are subject to a rule known as the "discovery rule."

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

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who is able to record the questions as and the answers. Depositions are part of the process of discovery, which is about gathering information that can be used in the trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. If a doctor is deposed to testify, he or she must answer all questions truthfully under an oath. Typically, the doctor is initially questioned by an attorney and then interviewed by another attorney. This is a crucial phase in the trial and the physician has to give it their full attention.

Depositions are a great way for attorneys to obtain details about the doctor, including their education, training, and experience. This information is essential to prove that the doctor did not meet your standard of care and resulted in injury to you. For example, physicians who have trained in the field of malpractice cases typically will declare that they have a vast experience performing certain procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue 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 evidence usually includes medical malpractice law firms records and testimony of an expert witness.

The objective of proving that you have committed a malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor followed the standards of care. The attorneys for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are targets for fraudulent malpractice claims, decades of empirical evidence confirm that juries make reasonable judgments of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases settle prior to trial.