How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This includes doctor hours and work product and attorney time, court costs as well as expert witness fees and many other costs.

A medical malpractice case can be filed if a healthcare professional is negligent or has acted in a manner that is illegal, made an error, or failed to take action. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses and also non-economic damages, like pain and discomfort.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to be successful. The injured party (or their attorney if they've lost their claim) must prove each of the following legal elements of the claim:

The hospital or doctor was bound to act according to the standards of care in force. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not necessarily cause injury. It must be demonstrated that it directly caused the injury and was the primary reason for the injury.

It is often necessary to file a complaint to a state medical board in order to protect the rights of the patient and to ensure that the doctor does not commit additional errors. However, filing a report is not a way to start the process of a lawsuit, and is typically just a first step to getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and then handed to the doctor who is the defendant. A lawyer appointed by the court on behalf of the plaintiff will then review these documents and, if it appears that there is a case of malpractice, they will file a complaint and affidavit with 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 evidence like hospital billing records and notes from the clinic, and then taking the defendant physician's deposition where lawyers question the defendant about his or their knowledge of the matter under oath.

The attorney for the plaintiff will use this information to demonstrate the elements of a hillsdale medical malpractice law firm malpractice case in court. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide smithfield medical malpractice lawyer and treatment to patients, the doctor's infraction of this obligation, a causal link between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of negligence, information on experts, copies of tax return or other documents relating to out-of-pocket expenses that the plaintiff claims to have caused, and the names and contact information of witnesses who will be testifying in the trial.

The majority of states have a statute of limitation that permits injured patients the time period of a certain amount of years after a medical error to bring a lawsuit. The time limit is usually set by law in the state, and are subject to rules called the "discovery rule."

To win a medical malpractice claim, an injured patient must show that a 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 sessions of question and answer which take place in the presence of a court reporter who takes notes of the questions as well and the answers. The deposition is a part of the discovery process, in which parties collect information to be used in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a doctor is deposed, they must answer all questions in an honest and open manner under the oath. Typically, the doctor is first asked questions by an attorney, and then interrogated by a different attorney. This is an important stage in the case and the physician must give it their full attention.

Depositions are a great opportunity for lawyers to gather a detailed background of the doctor, including the doctor's education, training and experience. This information is critical to proving that the physician breached the standards of care in your particular case and that the breach caused you injury. For instance, doctors who have completed training in the area of malpractice cases usually testify that they have vast experience performing certain procedures and techniques that may be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is formally launched when your lawyer files a complaint and summons with the appropriate court. This initiates a legal process of disclosure known as discovery where you and the doctor's team collaborate to collect evidence to support your case. This evidence typically includes medical records and testimony from experts.

To prove malpractice it is necessary to prove that the doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred had your doctor acted according to the standards of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your attorney.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence confirm that jury verdicts reflect fair estimates of negligence and damages, and that juries are skeptical of inflated award amounts. The vast majority malpractice cases are settled prior to trial.