How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in many rio bravo medical malpractice law firm malpractice lawsuits. This can include physician hours and work product, attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent, has committed misconduct or erred, or failed to take action. Plaintiffs seeking compensation for injuries can file for financial losses, such as future or past medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to prevail. The person who was injured or their attorney, in the event that the patient has passed away, must show each of these legal elements:

That a doctor or hospital was bound to perform its duties in accordance with the standard of care applicable. The defendant violated that obligation. The breach directly caused injury to plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

It is sometimes necessary to file a complaint with a royersford medical malpractice attorney board in the state to protect patients' rights and ensure that the doctor doesn't commit further mistakes. However, filing a report is not a way to start an action, and is often just a beginning step in getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will review the documents. If it is determined that there may be a malpractice case and the lawyer files an affidavit and a complaint with the court, detailing the claimed mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information and notes from the clinic, and then taking the defendant's deposition where lawyers question the defendant on his or his knowledge of the situation under oath.

This information will be used by the plaintiff's lawyer to establish the elements of an action for medical malpractice in court. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; a causal relationship between the breach and the patient's death or injury and a significant amount of damages that result from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery process both sides are able to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information about experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket that the plaintiff claims have been attributable to them, and the names and contact information of witnesses who will be testifying in the trial.

Most states have a statute of limitation which allows injured patients a certain number of years after a medical error to file a lawsuit. These time limits are typically determined by state law, and are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that a physician's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

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

Depositions permit attorneys to ask witnesses, typically doctors, a series of questions. When a doctor is deposed and questioned, they must answer all questions in a straight and honest manner under the oath. Usually, the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an important stage in the case, and the physician must be attentive to the case.

Depositions are a great way for attorneys to obtain an extensive background on the doctor, including his or their education, training, and experience. This information is crucial for prove that the doctor did not meet your standards of care and caused you injury. Physicians who have been educated in the area will often testify they have extensive experience in performing certain techniques and procedures that may be relevant to a particular medical malpractice case.

Trial

A civil court is launched when your lawyer file a complaint and summons with the appropriate court. This is the beginning of the legal disclosure process known as discovery. You and your doctor's team will collaborate to gather evidence to support your case. This evidence typically includes medical records as well as testimony from experts.

The goal of proving malpractice is to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standard of care. The lawyers for your doctor will present arguments that are contrary to the evidence that your attorney has presented.

Despite the myth that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts usually reflect fair evaluations of damages and negligence, and that juries are skeptical about inflated damage awards. The vast majority of malpractice cases settle before trial.