How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment includes physician hours and work product, attorney time, court costs and 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 claims. The injured party can seek compensation for economic losses, such as past or future medical expenses as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. The patient who has been injured or their attorney, when the patient has passed away must demonstrate each of these legal elements:

That a hospital or doctor had a duty to act according to the standards of care in force. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care itself does not cause injury, but it must be proven that the breach directly caused the injury and was the proximate reason for the injury.

It is typically necessary to file a claim with a state medical body in order to safeguard the patient's rights and ensure that the doctor doesn't engage in further mistakes. A report is not a lawsuit however, it is the first step to beginning the process of bringing a malpractice claim. It is generally recommended to consult with an Syracuse malpractice lawyer before filing a report or other type of document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if they believe that there may be an incident of malpractice the lawyer will file a complaint and affidavit with the court describing the medical malpractice lawyers error that is claimed to be the cause.

The next step is to collect evidence through pretrial disclosure. This involves submitting requests to document like hospital billing records and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant on his or his knowledge of the situation under an oath.

The plaintiff's attorney will use this information to prove the elements of a medical negligence claim in court. These include the existence of a duty on the physician's part to provide care and treatment to patients; the doctor's infraction of this duty an causal connection between the breach and the patient's injuries or death and a substantial amount of damages resulting from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records from before and after an incident of alleged negligence, information about experts as well as copies of tax returns or other documents relating to out-of-pocket expenses that the plaintiff claims to have paid, as well as the names and contact information of witnesses who will be appearing in the trial.

There are many states with a statute of limitations that limit the period that a patient must sue after being injured by an error in medical care. The length of time is typically determined by state law, and are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient has to show that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who will record the questions as in the responses. Depositions are a part of the process of discovery in which parties gather information to use in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a doctor is deposed, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is an important stage in the trial and the doctor must pay attention to it with all their heart.

Depositions allow lawyers to obtain a detailed background on the doctor's background in terms of his or their education, training and experience. This information is critical to prove that the doctor did not meet the standard of care in your situation and that the breach directly caused injury to you. Physicians who have been trained in this field will typically testify they have extensive experience with certain procedures and techniques that could be relevant to your particular medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. You and your doctor's team will work together to gather evidence to prove your case. This usually includes Medical Malpractice attorneys records and testimony from experts.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions did not meet 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 lawyer will offer defenses which contradict the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of false claims of malpractice the decades of evidence show that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of inflated award amounts. The vast majority malpractice cases are settled before trial.