How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This can include attorney time and court costs expert witness fees, court costs and other expenses.

An injury caused by an healthcare professional's negligence, misconduct, error or omission could result in a medical malpractice claim. Plaintiffs seeking compensation for injuries can file for economic losses, such as past or future medical Malpractice attorneys expenses, as well as noneconomic damages, like discomfort and pain.

Complaint

A medical malpractice lawyers malpractice suit has many moving parts and requires credible evidence to be successful. The injured party (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:

That a hospital or doctor was bound to perform its duties in accordance with the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself does not cause injury; however, it must be shown that the breach directly caused the injury and was the direct reason for the injury.

It is often necessary to file a complaint with a medical board in the state to protect patients' rights and ensure that the doctor does not commit additional malpractice. But, filing a report does not start the process of a lawsuit, and is typically just a step towards moving the malpractice claim. It is recommended to speak with an Syracuse malpractice lawyer prior to making a report or other type of document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then look over the documents and, if it appears that there is a case of malpractice, they will file an affidavit and complaint before the court describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document like hospital billing records and clinic notes and taking the defendant physician's deposition where lawyers question the defendant on his or their knowledge of the matter under an oath.

The plaintiff's attorney 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 an obligation on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty and a causal link 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 where both parties are permitted to request evidence that is relevant to their case. This includes medical malpractice lawyers records prior to and following the an alleged malpractice, details about experts and tax returns, copies or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred and the names and contact information for any witnesses who be called to testify in the trial.

There are many states with a statute of limitations that limits the time a patient has to sue after being injured by an error made by a doctor. The length of time is determined by state laws and are subject to a rule called the "discovery rules."

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

Deposition

Depositions are question-and-answer sessions that are conducted in front of an official court reporter who records both the questions and the responses. Depositions are a part of the discovery process in which the parties collect evidence for use in the trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. If a doctor is interrogated and asked to answer questions truthfully under an oath. Typically, the doctor is first asked questions by an attorney, and then interrogated by a different attorney. This is a crucial stage in the trial and the physician must be attentive to the case.

A deposition is a way for attorneys to get a complete background on the doctor in terms of his or his education, training, and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach resulted in injury. For instance, doctors who have been trained in the area of malpractice cases typically will be able to prove that they have a lot of experience in performing certain procedures and methods that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the court of your choice. This initiates the legal disclosure process known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This typically consists of medical records and the testimony of experts.

To prove malpractice it is essential to establish that the doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standards of care. The lawyers for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts tend to reflect reasonable assessments of negligence and damages and Medical malpractice attorneys that juries are skeptical of damages that are exaggerated. The majority of malpractice cases settle before trial.