How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in a variety of medical malpractice lawsuits. This can include attorney time and court costs, expert witness fees and other expenses.

A medical malpractice claim may be filed when a healthcare professional is negligent, has committed misconduct or committed a mistake or failed to act. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss such as future and past medical bills, as well as noneconomic losses such as pain and suffering.

Complaint

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

A hospital or doctor had a responsibility to act according to the standards of care in force. The defendant violated that duty. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care does not cause an injury, but it has to be shown that the breach directly caused the injury and was the proximate reason for the injury.

It is often necessary to file a formal complaint with a state medical body to protect the patient's rights and ensure that the doctor does not commit additional mistakes. A report is not a lawsuit but it could be an excellent first step in starting the malpractice claim. It is often best to speak with a Syracuse malpractice lawyer before filing a report or any other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if it is found that there is an issue with malpractice then they will file a complaint along with an affidavit before the court describing the medical error that they believe to have committed.

The next step is to obtain evidence by pretrial disclosure. This involves submitting requests for documentation including hospital billing and notes from clinics, and taking the deposition of the defendant's physician. Attorneys will then inquire with the defendant under oath about his or her knowledge regarding the case.

The information provided will be used by the attorney representing the plaintiff to prove elements of a claim for medical negligence during trial. The elements of a Eustis Medical malpractice attorney malpractice claim include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the doctor's violation of this duty and a causal link between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary award.

Discovery

During the process of discovery both sides are allowed to request and receive evidence relevant to the case. This includes medical records from before and after an incident of negligence, details about experts, copies of tax return or other documents relating to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of any witnesses who will be testifying at trial.

There are many states with a statute of limitations which limits the amount of period that a patient must pursue a lawsuit after being injured due to medical error. The length of time is typically determined by the law of the state and they are subject to rules known as the "discovery rule."

To win a medical malpractice claim the patient who was injured must prove that the doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation i.e. that negligence caused their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who is able to record the questions as as the answers. The deposition is an element of the process of discovery in which parties collect information for use in the trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a doctor is deposed they must answer all questions in an honest and open manner under an oath. Typically, the doctor is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is a crucial stage of the trial and requires the complete concentration and attention of the physician.

A deposition is a way for attorneys to gather a full background of the doctor's background in terms of his or the training, education and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach resulted in injury. For example, physicians who have completed training in the field of malpractice cases typically will be able to prove that they have a lot of experience performing specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the court of your choice. This triggers a legal procedure of disclosure called discovery, which is where you and your doctor's team collaborate to collect evidence to support your case. This typically comprises taft medical malpractice lawyer records and testimony of an expert witness.

The purpose of proving 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 would have been prevented if your doctor had acted in accordance with the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented to you by your attorney.

Despite the legend that doctors are a target for frivolous malpractice claims decades of research hastings on hudson medical malpractice lawsuit the subject shows that jury verdicts generally reflect fair assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases are settled prior to trial.