How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in the many lawsuits involving medical malpractice. This includes attorney time, court fees, expert witness fees and other expenses.

A serious injury that is the result of medical professional's negligence, mistake, or omission could result in medical malpractice claims. Injury victims may seek compensatory damages, including the actual economic losses such as past and future medical bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim to be successful. The injured party (or their attorney if they've passed away) must demonstrate each of the following legal aspects of the case:

A hospital or doctor had a duty to act in accordance with the standards of care in force. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care doesn't necessarily cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

It is sometimes required to file a complaint with a state medical board to protect patients' rights and ensure that the doctor does not commit further negligence. A report is not a lawsuit, but it can be the first step to initiating the malpractice lawsuit. It is recommended to speak with an Syracuse attorney for malpractice prior to filing a report, or any other document.

Summons

As part of the legal process the summons or claim form is filed with the court and delivered to the defendant physician. A lawyer appointed by the court will look over these documents. If it appears that there may be a malpractice case, the lawyer will file an affidavit, along with a complaint to the court, describing the claimed error.

The next step is obtaining evidence through pretrial disclosure. This includes making requests for evidence including hospital billing and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys will then inquire with the defendant on oath about the details of the case.

This information will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical malpractice in the course of trial. The elements of a medical malpractice attorney malpractice claim include the existence of a duty on the part of the physician to provide care and treatments 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 enough damages 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 from prior to and after an incident of alleged negligence, details about experts and tax returns or other documentation related to expenses out of pocket the plaintiff claims to have incurred, and the names and contact details of witnesses who will be appearing at trial.

Most states have a statute of limitation that allows injured patients only some time after a medical error to pursue a lawsuit. The length of time is typically set by law of the state, and they are subject to rules called the "discovery rule."

In order to win a medical malpractice attorneys negligence lawsuit, a patient who has been injured has to prove that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -which means, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of an official court reporter who records both the questions as well as the responses. The deposition is a part of the discovery process which involves gathering information that can be used in a trial.

Depositions permit attorneys to question witnesses, often doctors for a series of questions. When a doctor is questioned, they must answer all questions truthfully under oath. Typically, the doctor is first interrogated by an attorney, and then interviewed by another attorney. This is a crucial step in the trial and the doctor must be attentive to the case.

A deposition is a way for attorneys to gain a thorough understanding of the doctor in terms of his or the training, education and experience. This information is essential to showing that the doctor violated the standards of care in your situation and that the breach caused you injury. Physicians who have been educated in this area often affirm that they have years of experience performing specific procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This triggers a legal procedure of disclosure called discovery, where you and your physician's team collaborate to collect evidence to support your case. The evidence typically comprises medical records and expert witness testimony.

To prove that you committed a crime it is essential to establish that the actions of your doctor were below the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will argue defenses that go against the evidence that your attorney has presented.

Despite the belief that doctors are the target of false claims of malpractice Evidence from decades shows that jury verdicts reflect fair judgments of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle before trial.