How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must spend a significant amount of time and money in numerous medical malpractice lawsuits. This includes attorney time and court costs as well as expert witness fees and other expenses.

A serious injury that is the result of the negligence of a healthcare professional's misconduct, error or omission can lead to medical malpractice claims. Victims of injury may seek compensation damages, including actual economic loss such as past and future medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires evidence of credibility for success. The patient who has been injured (or their attorney if they have died) must show each of these legal aspects of the claim:

The defendant did not fulfill that duty. The defendant violated this duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care will not cause injury on its own. It must be shown that it directly caused the injury and was the main reason for the injury.

In order to protect a patient's rights, and to ensure that a doctor is not committing further mistakes, it is essential to file a claim with the state medical board. However, filing a claim is not the start of an action and is usually just a step towards getting the malpractice claim moving. It is best to consult a Syracuse malpractice attorney before filing any report or other document.

Summons

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

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation such as hospital bills or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then question the defendant under oath about their knowledge of the case.

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice claim during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's breach of this duty and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes Medical Malpractice attorney [Trueandfalse.info] records before and following the suspected malpractice, information on expert witnesses and tax returns, copies or other documentation that pertains to out-of-pocket expenses which the plaintiff claims they incurred, and also the names and contact information for any witnesses who be called to testify in the trial.

The majority of states have a statute of limitations which allows injured patients a certain number of years after a medical error to bring a lawsuit. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence caused specific harm 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 sessions of question and answer that are conducted in the presence a court reporter, who is able to record the questions as with the answers. The deposition is part of the discovery process which involves gathering information that can be used in a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a physician is interrogated by a lawyer, the doctor must answer the questions truthfully under oath. Usually, the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial step in the case and the doctor must be attentive to the case.

A deposition is an excellent way for attorneys to get an extensive background on the doctor, including his or her training, education and experience. This information is essential for showing that the doctor violated the standards of care in your situation and that the breach directly caused injury to you. Physicians who have received training in this area often be able to prove they have knowledge of certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This triggers a legal procedure of disclosure known as discovery where you and the doctor's team collaborate to collect information to prove your case. The evidence usually consists of medical malpractice law firms records and the testimony of expert witnesses.

The objective of proving that you have committed a malpractice is to prove that your 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 followed the standard of care. The attorneys for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite the myth that doctors are targets for false claims of malpractice years of evidence confirm that jury verdicts reflect reasonable judgments of negligence and damages and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.