How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in numerous medical malpractice lawsuits. This can include attorney time and court costs, expert witness fees and other expenses.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission can result in medical malpractice claims. Victims of injury can seek compensation for financial losses, such as future or past medical bills, as well as noneconomic injuries, such as pain and discomfort.

Complaint

A Medical malpractice attorneys malpractice case is a complicated one and requires credible proof to be successful. The injured patient (or their attorney if they have died) must demonstrate each of the following legal elements of the claim:

The defendant did not fulfill that duty. That the defendant breached that obligation. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care will not in itself cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

In order to protect the rights of patients, and to ensure that a doctor does not commit further malpractice, it is necessary to file a complaint with the state medical board. A report is not a lawsuit, but it can be the first step to getting the malpractice claim started. It is best to consult an Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it is found that there may be an incident of malpractice then they will file an affidavit and complaint with the court, describing the alleged medical error.

The next step is to gather evidence through pretrial disclosure. This includes making requests for evidence like hospital billing and clinic notes, as well as taking the deposition of the defendant's doctor. Attorneys will then ask the defendant under oath as to his or her knowledge regarding the case.

The attorney for the plaintiff will use this information to demonstrate the elements of a claim for medical malpractice in court. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's injury or death and a significant amount of damages that result from the death or injury to justly award monetary compensation.

Discovery

During the process of discovery, both sides are able to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts and tax returns, copies of the tax return or other documentation related to out-of pocket expenses that the plaintiff claims to have attributable to them, and the names and contact information of any witnesses who will testify during the trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to sue after being injured by medical malpractice lawyers error. The length of time is typically set by law of the state, and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice case an injured victim must show that a doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

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

Attorneys are able to ask a series of questions to witnesses, medical Malpractice attorneys mostly doctors. When a physician is deposed, they must answer all questions in an honest and open manner under an oath. Usually, the physician is first questioned by an attorney and then cross examined by another attorney. This is a crucial step in the case, and the physician must give it their full attention.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or their education, training and experience. This information is critical to proving that the physician breached the standard of care in your situation and that the breach caused you harm. Doctors who have been trained in the area will often testify they have extensive experience with certain techniques and procedures that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This begins a legal process of disclosure called discovery, where you and the doctor's team work together to gather evidence to support your case. This evidence typically includes medical records as well as testimony from experts.

The objective of proving that you have committed a malpractice is to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your attorney.

Despite the common belief that doctors are targets for frivolous claims of malpractice, decades of empirical evidence demonstrate that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.