How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and attorneys. This investment covers physician time and work product and attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct or committed an error or acted in a way that was not. Victims of injury may seek compensation damages, including actual economic losses such as future and past medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires a solid evidence to prevail. The injured patient (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

A hospital or doctor was bound to act in accordance with the standards of care in force. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care will not directly cause injury. It must be demonstrated that it directly caused the injury and was the proximate reason for the injury.

To safeguard the rights of a patient and to ensure that a doctor does not continue to commit mistakes, it is essential to file a report with the state medical board. A report is not a lawsuit however, it is a good first step in getting the malpractice claim started. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for the plaintiff will then look over the documents and, if it is found that there may be an issue with malpractice and they submit a complaint and an affidavit before the court describing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves making requests for evidence, such as hospital billing and clinic notes, as well as taking depositions of the defendant's doctor. Attorneys then will question the defendant under oath about his or her knowledge of the case.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a rome medical malpractice lawyer negligence claim in court. The elements of a st augustine medical malpractice lawyer malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient, and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

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

There are many states with a statute of limitations that restricts the amount of time a patient can claim compensation after suffering injuries due to medical error. The length of time is typically set by law of the state, and are subject to rules called the "discovery rule."

In order to win a medical negligence lawsuit, an injured patient has to show that the doctor's negligence caused specific harm, like 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 essentially question-and-answer meetings which take place in the presence of a court reporter who will record the questions as with the answers. The deposition is an element of the discovery process through which parties collect information to be used in the 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 honestly under an oath. Typically, the doctor is initially questioned by an attorney and later the attorney is cross-examined by another attorney. This is a crucial step in the case, and the physician must give it their full attention.

A deposition allows attorneys to obtain a detailed background on the doctor's background in terms of his or his education, training, and experience. This information is essential to showing that the doctor violated your standards of care and caused injury. For instance, doctors who have been trained in the field of malpractice cases typically will affirm that they have extensive experience in the execution of specific procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

Your lawyer will make a complaint to the court and a summons. This starts the process of legal disclosure known as discovery. Your doctor and your staff will work together in order to gather evidence that can prove your case. This evidence usually includes san gabriel medical malpractice lawsuit records and testimony of an expert witness.

To prove malpractice it is essential to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standards of care. Your doctor's lawyers will present defenses that go against the evidence presented by your attorney.

Despite the legend that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts typically reflect fair assessment of damages and negligence and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle prior to trial.