How to File a Medical Malpractice Lawsuit

Both physicians and medical malpractice law firms lawyers must invest a lot of time and money in many medical malpractice lawsuits. This can include attorney time as well as court fees expert witness fees, court costs and other expenses.

A traumatic injury caused by medical professional's negligence, incompetence, error or omission can lead to a medical malpractice claim. Victims of injury may seek compensation damages, Medical Malpractice Law Firms which include economic losses, such as future and past medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim for success. The injured party (or their attorney if they have died) must demonstrate each of the following legal aspects of the claim:

A hospital or doctor had a duty to perform its duties in accordance with the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care does not in itself cause injury. It must be proven that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a formal complaint with a state medical body in order to protect the patient's rights and ensure that the doctor doesn't commit additional mistakes. However, filing a complaint is not the start of an action and is usually just a first step to making the malpractice claim move. It is recommended to speak with an Syracuse malpractice attorney before filing any report or other document.

Summons

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

The next step is to gather evidence by pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then question the defendant under oath as to their knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim in court. The elements of a medical malpractice law firms malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care 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 process of discovery, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records before and after the incident of mishaps, information about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims were incurred as well as the names and contact information of any witnesses who are scheduled to be present at trial.

There are many states with a statute of limitations that restricts the length of time that a patient is allowed to claim compensation after suffering injuries due to a medical mistake. The time limit is usually set by law in the state, and are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, the injured patient has to demonstrate that the negligence of the doctor resulted in a specific injury, like physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who takes notes of the questions as well with the answers. The deposition is a part 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, which are usually doctors. If a physician is interrogated by a lawyer, the doctor must answer the questions truthfully under an oath. Usually the physician is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial stage of the trial and requires the full attention and focus of the doctor.

A deposition can help attorneys gather a full background of the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial for proving the doctor breached the standard of care you expect and that this breach resulted in injury to you. Physicians who have been trained in the area will often testify they have extensive experience performing specific procedures and techniques that could be relevant to a specific medical-malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer file a complaint and summons with the appropriate court. 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 typically includes medical records and testimony from an expert witness.

The goal of proving malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor acted according to the standard of care. Your doctor's lawyers will argue defenses that go against the evidence presented by your attorney.

Despite the myth that doctors are the target of unsubstantiated claims of malpractice years of evidence shows that juries make reasonable estimates of negligence and damages and that juries are skeptical of excessive award amounts. The majority of malpractice cases settle before trial.