How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in numerous medical malpractice lawsuits. This investment includes physician hours and work product as well as attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice claim may be filed if a healthcare professional is negligent or has committed misconduct or committed an error or medical malpractice attorney acted in a way that was not. Injury victims can seek compensation for economic losses, including past or future medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. 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 did not fulfill that obligation. The defendant violated that obligation. 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 is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the direct reason for the injury.

It is often required to file a complaint with a state medical malpractice attorney body to protect patients' rights and ensure that the doctor doesn't commit additional malpractice. However, filing a claim does not initiate a lawsuit and is often just a first step to making the malpractice claim move. It is recommended to talk with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will then review these documents and, if it is found that there may be an issue with malpractice and they file a complaint and affidavit with the court, describing the medical error that is claimed to be the cause.

The next step is to obtain evidence by pretrial disclosure. This includes making requests for evidence including hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys then will question the defendant under oath as to their knowledge of the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice claim at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the doctor's breach of this duty and a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records from before and after an incident of alleged negligence, information regarding experts and tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have paid, as well as the names and contact information of witnesses who will be testifying in the trial.

Most states have a statute of limitation that permits injured patients an amount of time after an injury or medical mistake to file a lawsuit. These limitations are set by the laws of the state and are subject to a regulation known as the "discovery rules."

In order to win a medical negligence lawsuit, the patient has to prove that the doctor's negligence caused specific harm, like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who is able to record the questions as as the answers. Depositions are a part of the discovery process through which parties gather information for use in a trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a doctor is deposed, they must answer all questions in an honest and open manner under an oath. Typically, the doctor is first interrogated by an attorney and then interviewed by another attorney. This is a crucial stage of the process and requires the full concentration and attention of the doctor.

A deposition is a way for attorneys to gather a full background of the doctor's background, including his or the training, education and experience. This information is crucial to showing that the doctor violated the standard of care you expect and that this breach resulted in injury to you. Physicians who have been educated in this area are likely to testify they have extensive experience in performing specific 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. The process begins with a legal requirement of disclosure, also known as discovery, which is where you and your doctor's team work together to gather information to prove your case. This usually includes medical malpractice attorney records and testimony from experts.

The purpose of proving malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standards of care. Your doctor's lawyers will present defenses that go against the evidence that your attorney has presented.

Despite the myth that doctors are the target of false claims of malpractice Evidence from decades show that jury verdicts reflect fair assessments of damages and negligence, and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.