How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment includes attorney time court fees expert witness fees, and other expenses.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent, has committed misconduct or erred, or failed to act. Plaintiffs seeking compensation for injuries can file for medical Malpractice attorneys economic losses, like future or past Medical Malpractice Attorneys expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be successful. The person who was injured, or their attorney if the patient has died, must show each of these legal elements:

That a doctor or hospital was required to perform its duties in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care does not cause injury on its own. It must be shown that it caused the injury directly and was the primary reason for the injury.

It is sometimes necessary to file a claim with a state medical body to protect patients' rights and ensure that the doctor does not commit any further malpractice. A report is not a lawsuit, but it could be the first step to beginning the process of bringing a malpractice claim. It is recommended to speak with an Syracuse attorney for malpractice prior to filing a report or other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A plaintiff's lawyer who is appointed by the court will look over these documents. If it appears there is a malpractice issue and the lawyer files an affidavit and complaint with the court, describing the alleged mistake.

The next step is to gather evidence by pretrial disclosure. This involves submitting documents like hospital billing records as well as notes from clinics and taking the deposition of the defendant's physician where lawyers question the defendant on his or his knowledge of the situation under the oath.

This information will be used by the attorney representing the plaintiff to prove the elements of a claim for medical malpractice during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide treatment and Medical malpractice attorneys 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 an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request any evidence relevant to their case. This includes medical records prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documentation relating to out-of-pocket expenses that the plaintiff claims to have attributable to them, and the names and contact information of any witnesses who are expected to testify in the trial.

There are many states with a statute of limitations that limits the amount of time a patient can claim compensation after suffering injuries due to an error made by a doctor. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

In order to win a medical negligence lawsuit, an injured patient must prove that the doctor's negligence 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 question-and-answer sessions that are conducted in the presence of an official court reporter who records both the questions as well as 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 can ask a series questions to witnesses, typically doctors. When a doctor is questioned, they must answer all questions in an honest and open manner under an oath. Typically, the doctor is first questioned by an attorney before being interviewed by another attorney. This is a crucial phase in the case and the doctor must pay attention to it with all their heart.

A deposition is a way for attorneys to get a complete background on the doctor's background in terms of his or his education, training, and experience. This information is crucial in proving the doctor breached your standards of care and that this breach caused you harm. Physicians who have received training in the area will often be able to prove they have experience in performing specific procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. The process begins with a legal requirement of disclosure known as discovery where you and your doctor's team collaborate to collect evidence to prove your case. This evidence usually includes medical malpractice lawyer records and expert witness testimony.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your attorney.

Despite the myth that doctors are a target for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle before trial.