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 can include attorney time, court fees, expert witness fees and other expenses.

A traumatic injury caused by a healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Injury victims can seek compensation for economic losses, such as past or future medical bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim for success. The person who was injured (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

The hospital or doctor had a responsibility to follow the standard of care applicable. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care itself doesn't cause injury; it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is often necessary to file a complaint with a state orlando medical malpractice law firm body to protect patients' rights and ensure that the doctor does not engage in further errors. But, filing a report does not start an action, and is often only a first step in getting the malpractice claim moving. It is advisable to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for plaintiff will then go over these documents and, if it is found that there may be an incident of malpractice the lawyer will submit a complaint and an affidavit to the court detailing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing records or clinic notes, as well as taking the defendant's deposition, where attorneys question the defendant on his or her knowledge of the case under an oath.

The information provided will be used by the plaintiff's lawyer to prove the elements of a claim for medical malpractice in the course of trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's violation of this duty as well as a causal connection between the breach and injury or death of the patient and the amount of damages to warrant a monetary compensation award.

Discovery

During the process of discovery each side is entitled to request and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, information on experts, copies of tax return or other documents relating to expenses out of pocket that the plaintiff claims have been attributable to them, and the names and lawsuit contact information of any witnesses who are expected to testify in the trial.

The majority of states have a statute of limitation that allows injured patients only an amount of time after a medical error to make a claim. The time limit is usually determined by state law, and are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence resulted in 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 questions and answer sessions that are conducted in the presence of an official court reporter who records both the questions as well as the responses. Depositions are part of the discovery process, in which parties collect information for use in a trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. When a doctor is questioned, they must answer all questions in an honest and open manner under an oath. Typically, the doctor is first asked questions by an attorney and then cross examined by another attorney. This is a crucial step in the trial, and the physician must focus on it with complete attention.

Depositions are a great way for attorneys to obtain an in-depth background on the doctor, including his or his education, training and experience. This information is essential for proving that the physician breached the standard of care in your situation and that the breach directly caused you injury. Physicians who have been trained in the area will often affirm that they have years of knowledge of certain techniques and procedures that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This starts the process of legal disclosure, also known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This evidence usually includes medical records and expert witness testimony.

To prove malpractice, you must establish that the doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had followed the standard of care. The lawyer for your doctor will present defenses which contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for fraudulent malpractice claims Evidence from decades show that juries make reasonable estimates of negligence and damages, and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled before trial.