How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in many medical malpractice lawsuits. This includes attorney time court fees expert witness fees, and other costs.

A traumatic injury caused by an healthcare professional's negligence, mistakes, or error can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which include economic losses, such as past and future medical bills, and noneconomic damages like pain and suffering.

Complaint

A muskogee medical malpractice law firm malpractice case has many moving parts, and requires evidence that is credible evidence to succeed. The person who was injured or firm their lawyer if the patient has died must show each of these legal elements:

The defendant breached that obligation. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be proved that the breach directly caused the injury and was the proximate reason for the injury.

To safeguard a patient's rights, and to ensure that a doctor does not commit further malpractice, it is necessary to file a report with the state medical board. However, filing a complaint does not initiate a lawsuit and is often just a first step to getting the malpractice case moving. It is recommended to talk with 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 procedure. A lawyer appointed by the court for the plaintiff will then go over these documents and, if it is found that there may be an incident of malpractice the lawyer 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 involves the submission of requests for documentation such as hospital bills and clinic notes, as well as taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath about his or her knowledge of the case.

This information will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide treatment and care to patients, the physician's breach of this duty and a causal connection between the breach and the injury or death of the patient and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are able to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, information regarding experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been caused, and the names and contact details of any witnesses who will testify in the trial.

Most states have a statute of limitations which allows injured patients an amount of time after a medical error to make a claim. The length of time is determined by state laws and are subject to a regulation known as the "discovery rules."

In order to win a wood dale medical malpractice lawsuit negligence lawsuit, a patient who has been injured has to demonstrate that the negligence of the doctor caused specific harm, such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who is able to record the questions as with the answers. The deposition is an element of the process of discovery, which is the process of gathering evidence that can be used in a trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a doctor is questioned, they must answer all questions honestly under the oath. Usually, the physician is asked questions by one attorney and later cross-examined by a second attorney. This is an essential stage of the case that requires the full concentration and attention of the physician.

A deposition allows attorneys to gain a thorough understanding of the doctor's background in terms of his or his education, training, and experience. This information is critical to proving that the physician breached the standard of care in your particular case and that the breach caused injury to you. For example, physicians who have trained in the area of malpractice cases generally affirm that they have extensive experience in performing specific procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the court of your choice. This initiates a legal disclosure process called discovery. You and your doctor's team will work together to gather evidence to prove your case. This usually includes medical records and testimony from experts.

To prove that you committed a crime you must prove that the doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standards of care. The attorneys for your doctor will present defenses that go against the evidence presented by your lawyer.

Despite the belief that doctors are the target of frivolous claims of malpractice the decades of evidence confirm that jury verdicts are based on reasonable judgments of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle prior to trial.