How to File a Medical Malpractice Lawsuit

Many medical malpractice law firms malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This investment includes attorney time and court costs expert witness fees, and other expenses.

A medical malpractice lawsuit can be filed if a healthcare professional is negligent, has committed misconduct or committed an error or failed to act. Victims of injury may seek compensation damages, including the actual economic loss, such as the future and past medical bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires a solid evidence to prevail. The injured patient or their attorney when the patient has passed away, must demonstrate each of these legal elements:

That a doctor or hospital was bound to perform its duties in accordance with the standards of care in force. The defendant erred in his duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a standard of care will not necessarily cause injury. It must be proven that it caused the injury directly and was the primary reason for the injury.

It is often required to file a complaint to a state medical malpractice lawyer board to protect patients' rights and ensure that the doctor doesn't commit additional malpractice. A report is not a lawsuit, however, it is the first step to getting the malpractice claim started. It is generally recommended to consult with an Syracuse lawyer for malpractice before 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 review the documents and, if it is found that there may be an instance of malpractice, they will file a complaint along with an affidavit with the court, describing the alleged medical error.

The next step is obtaining evidence through pretrial disclosure. This includes filing requests for documents like hospital billing and clinic notes, as well as taking the deposition of the defendant's physician. Attorneys then will question the defendant under oath as to the details of the case.

This information will be used by the lawyer for the plaintiff to establish the elements of an action for medical malpractice during trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty an causal connection between the breach and the patient's injuries or death and a significant amount of damages that result from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery process, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of alleged negligence, information about experts and tax returns, copies of the tax return or other documents relating to expenses out of pocket that the plaintiff claims have been paid, as well as the names and contact information of witnesses who will be appearing at trial.

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

In order to win a medical malpractice lawsuit the injured person must prove that a physician's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions as well as the responses. Depositions are part of the discovery process, in which the parties gather information to use in the trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. When a doctor is questioned, they must answer all questions honestly under the oath. Typically, the doctor is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is an important stage in the trial and the physician has to pay attention to it with all their heart.

A deposition can help attorneys get a complete background on the doctor in terms of his or her education, training and experience. This information is essential to proving the doctor breached your standard of care and that this breach caused you harm. For instance, doctors who have been trained in the area of malpractice cases usually testify that they have vast experience performing certain procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This initiates a legal disclosure process called discovery. You and your doctor's team will collaborate to collect evidence to support your case. This evidence typically includes medical malpractice attorneys, advice here, records as well as testimony from expert witnesses.

To prove that you committed a crime it is essential to establish that the doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts usually reflect reasonable evaluations of damages and negligence and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle before trial.