How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This can include physician hours and work product, attorney time, court costs as well as expert witness fees and many other costs.

An injury resulting from the negligence of a healthcare professional's misconduct, error or omission can result in medical malpractice lawyer malpractice claims. The injured party can seek compensation for economic losses, such as past or future medical bills, as well as noneconomic damages, like discomfort and pain.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility for success. The person who was injured (or their attorney if they've died) must prove each of the following legal aspects of the case:

The defendant breached that duty. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't cause injury on its own. It must be demonstrated that it directly caused the injury and was the main reason for the injury.

It is sometimes necessary to file a formal complaint with a state medical board in order to safeguard the rights of the patient and to ensure that the doctor does not commit further malpractice. However, filing a complaint is not the start of a lawsuit and is often only a first step in moving the malpractice claim. It is recommended to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

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

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document like hospital billing information as well as notes from clinics and taking the defendant's deposition during which lawyers ask the defendant on his or their knowledge of the matter under an oath.

This information will be used by the lawyer for the plaintiff to establish the elements of a claim for medical negligence in the course of trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the doctor's breach of this duty; a causal link between the breach and the patient's injuries or death and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records before and after the incident of an alleged malpractice, details about experts, copies of tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims were incurred, along with the names and contact details for any witnesses who will be present at trial.

Most states have a statute of limitation which allows injured patients some time after a medical mishap to file a lawsuit. Those time limits are usually set by law in the state, and are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit the patient who was injured must prove that a physician's negligence caused 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 question-and-answer sessions that take place in the presence of a court reporter who documents both the questions and the answers. The deposition is a part of the discovery process, in which the parties gather information for use in the trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. When a physician is deposed to testify, he or she must answer the questions truthfully under the oath. Usually, the physician is asked questions by one attorney and later cross-examined by a second attorney. This is a crucial stage of the process and requires the complete attention and focus of the physician.

A deposition is a great method for lawyers to obtain an in-depth background on the doctor, including his education, training and experience. This information is crucial for showing that the doctor violated the standard of care you expect and that this breach caused injury. Doctors who have been trained in this field will typically be able to prove they have experience with specific procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This begins a legal process of disclosure, referred to as discovery where you and the doctor's team collaborate to collect evidence to support your case. This usually includes medical records as well as testimony of an expert witness.

The purpose of proving malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are the target of unsubstantiated claims of malpractice years of evidence confirm that juries make reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of large amounts of money awarded. The majority of malpractice cases are settled prior to trial.