How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment includes attorney time court fees expert witness fees, court costs and other costs.

A medical malpractice Attorneys malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct, made an error, or acted in a way that was not. The injured party may be able to seek compensation damages, which include economic loss such as future and medical malpractice attorneys past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires reliable evidence to succeed. The patient who has been injured (or their attorney if they've lost their claim) must prove each of the following legal aspects of the claim:

The defendant did not fulfill that obligation. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury; however, it must be proved that the breach directly caused the injury and was the main cause of the injury.

It is often necessary to file a claim to a state medical malpractice lawyer board in order to safeguard the patient's rights and ensure that the doctor doesn't commit any further mistakes. A report is not a lawsuit, but it can be an effective first step towards beginning the process of bringing a malpractice claim. It is recommended to consult an Syracuse attorney for malpractice 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 look over these documents. If it appears there may be a malpractice case and the lawyer files an affidavit and complaint with the court, detailing the claimed error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves making requests for evidence, such as hospital billing and clinic notes, as well as taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath about his or her knowledge regarding the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice claim 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 doctor's infraction of this obligation and a causal link between the breach and the injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical records prior to and after an incident of negligence, details about experts as well as copies of tax returns or other documentation related to out-of pocket expenses that the plaintiff claims have been attributable to them, and the names and contact information of any witnesses who will be testifying in the trial.

The majority of states have a statute of limitations which limits the amount of period that a patient must claim compensation after suffering injuries due to an error made by a doctor. These time limits are determined by state laws and Medical malpractice attorneys are subject to a rule known as the "discovery rules."

To win 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 led to their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that are conducted in the presence a court reporter, who records the questions as well in the responses. The deposition is an element of the process of discovery, which involves gathering information that can be used in the course of a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. If a doctor is deposed by a lawyer, the doctor must answer each question truthfully under the oath. Typically, the doctor is first interrogated by an attorney before being cross examined by another attorney. This is an important stage of the case that requires the full concentration and attention of the physician.

A deposition allows attorneys to obtain a detailed background on the doctor's qualifications in relation to his or his education, training, and experience. This information is essential for establish that the doctor violated the standards of care in your particular case and that the breach directly caused injury to you. Physicians who have received training in this area often affirm that they have years of experience with certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer file a complaint and summons with the court of your choice. The process begins with a legal requirement of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to prove your case. The evidence typically includes medical records and expert witness testimony.

To prove malpractice you must prove that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standards of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages, and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.