How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and lawyers. This can include attorney time court fees, expert witness fees and other costs.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission can result in a medical malpractice claim. Injury victims can seek compensation for economic losses, like future or past medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. The injured party (or their attorney if they've died) must show each of these legal elements of the claim:

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

It is usually necessary to file a claim with a medical malpractice lawsuits board in the state 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, but it can be a good first step in starting the malpractice claim. It is often best to consult an Syracuse lawyer for malpractice before making a report or other 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 process. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it appears that there is a case of malpractice, they will file a complaint and affidavit with the court describing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes the submission of requests for documentation like hospital billing and clinic notes, as well as taking depositions of the doctor who is defending the case. Attorneys then will question the defendant under oath as to his or her knowledge of the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice case in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's breach of this duty and a causal connection between the breach and the injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes Medical malpractice Law firm records before and after the incident of alleged malpractice, information about experts as well as copies of tax returns or other documentation related to out-of-pocket expenses the plaintiff claims were incurred and also the names and contact details for any witnesses who be called to testify in the trial.

Most states have a statute of limitation that allows injured patients only a certain number of years after an injury or medical mistake to make a claim. Those time limits are usually determined by the law of the state and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, the injured patient has to demonstrate that the negligence of the doctor resulted in specific harm like physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence of a court reporter who records the questions as well in the responses. The deposition is a part of the discovery procedure, which consists of gathering information that can be used in the course of a trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. If a doctor is deposed by a lawyer, the doctor must answer each question truthfully under oath. Usually, the physician is first questioned by an attorney and later interrogated by a different attorney. This is a crucial phase of the case that requires the full attention and focus of the physician.

A deposition is a great opportunity for lawyers to gather an in-depth background on the doctor, including her training, education and experience. This information is crucial to convincing the court that the doctor did not adhere to the standard of care you expect and that this breach caused injury. For instance, doctors who have received training in the area of malpractice cases typically will be able to prove that they have a lot of experience in performing specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This begins the process of legal disclosure known as discovery. Your doctor and your team will collaborate to collect evidence to support your case. This typically comprises medical records and testimony from an expert witness.

To prove that you committed a crime you must prove that your doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented to you by your attorney.

Despite the belief that doctors are targets for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages, and that juries are skeptical about inflated damage awards. The majority of malpractice cases settle prior to trial.