How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in numerous medical malpractice lawsuits. This includes attorney time court fees, expert witness fees and other costs.

A serious injury that is the result of a healthcare professional's negligence, mistake, or omission can lead to a medical malpractice claim. Injury victims can seek compensation for financial losses, such as past or future medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to prevail. The patient who has been injured, or their attorney if the patient has died, must demonstrate each of these legal elements:

The defendant breached that duty. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care cannot directly cause injury. It must be demonstrated that it caused the injury directly and was the primary cause for the injury.

It is sometimes necessary to file a complaint with a state medical body to protect the rights of the patient and to ensure that the doctor does not commit additional errors. A report is not a lawsuit but it could be the first step to getting the malpractice claim started. It is advisable to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

As part of the legal process, a summons or claim form is filed with the court and then handed to the defendant physician. A court-appointed lawyer for the plaintiff will then review these documents and, if it appears that there may be a case of malpractice and they file a complaint and affidavit before the court describing the alleged medical error.

The next step is to gather evidence by pretrial disclosure. This includes the submission of requests for documentation such as hospital bills and clinic notes, and taking depositions of the defendant physician. Attorneys then will question the defendant under oath regarding their knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove the elements of an action for medical malpractice at trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician'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 injury or death to be able to justify a monetary compensation.

Discovery

During the discovery process, both sides are able to request and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of negligence, information on experts and tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have paid, as well as the names and contact information of witnesses who will be testifying in the trial.

The majority of states have a statute of limitations that limits the length of time that a patient is allowed to sue after being injured by an error made by a doctor. Those time limits are usually set by law of the state, and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice claim, an injured patient must prove that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of a court reporter who records both the questions as well as the answers. Depositions are part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. When a doctor is deposed they must answer all questions in an honest and open manner under an oath. Usually, the physician is first asked questions by an attorney, and then cross examined by another attorney. This is a crucial step in the case and the physician must be attentive to the case.

A deposition is a way for attorneys to gather a full background of the doctor in terms of his or his education, training, and experience. This information is essential to proving that the physician breached the standard of care in your situation and that the breach caused injury to you. For instance, doctors who have trained in the field of malpractice cases typically will declare that they have a vast knowledge of certain procedures and methods that may be relevant to a particular medical malpractice claim.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the court of your choice. This triggers a legal procedure of disclosure, also known as discovery, where you and your doctor's team work together to gather evidence to prove your case. This typically comprises medical malpractice law firm [by www.chunwun.com] records and testimony from an expert witness.

To prove malpractice it is essential to establish that the doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence provided by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims decades of empirical research shows that jury verdicts tend to reflect reasonable evaluations of damages and negligence and juries are skeptical of excessive damage awards. The majority of malpractice cases are settled before trial.