How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This investment includes physician hours and work product as well as attorney time court costs as well as expert witness fees and many other costs.

A traumatic injury caused by an healthcare professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic loss, such as the future and past medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires a solid evidence to win. The injured party (or their attorney if they have died) must demonstrate each of the following legal aspects of the case:

The defendant violated this duty. The defendant did not fulfill that obligation. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care will not directly cause injury. It must be shown that it caused the injury directly and was the primary reason for the injury.

To ensure the rights of a patient, and to ensure that a doctor doesn't commit any further mistakes, it is essential to file a complaint with the state medical board. However, filing a claim is not the start of a lawsuit and is often just a beginning step in getting the malpractice claim moving. It is often best to speak with an Syracuse malpractice lawyer before filing a report or any other document.

Summons

As part of the legal process a summons or claim forms is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court will review the documents. If it appears that there could be a malpractice claim, the lawyer will file an affidavit and complaint with the court, detailing the suspected mistake.

The next step is obtaining evidence by pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, High Point Medical Malpractice Law Firm as well as taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant on oath about his or her knowledge of the case.

The attorney for the plaintiff will use this evidence to prove the elements of a medical malpractice claim at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's violation of this duty, a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes high point medical malpractice law firm records before and following the suspected malpractice, information on experts as well as copies of tax returns or other documentation related to out-of-pocket expenses the plaintiff claims they incurred, and also the names and contact details for any witnesses who will be present at trial.

Most states have a statute of limitation which allows injured patients some time after a medical mishap to pursue a lawsuit. Those time limits are usually set by law in the state, and are subject to rules called the "discovery rule."

In order to win a medical negligence case the patient who was injured must show that a doctor's negligence caused harm to a specific person like 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 sessions of question and answer that take place in presence of a court reporter who records the questions as well with the answers. The deposition is an element of the discovery process which involves gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is questioned and asked to answer questions honestly under an oath. Typically, the doctor is initially questioned by an attorney before being cross examined by another attorney. This is a crucial stage in the case and the doctor must pay attention to it with all their heart.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or their education, training and experience. This information is crucial in prove that the doctor did not meet your standards of care and that this breach caused you injury. For example, physicians who have been trained in the area of malpractice cases will typically declare that they have a vast experience performing certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This triggers a legal procedure of disclosure called discovery, where you and your doctor's team collaborate to collect evidence to prove your case. The evidence typically includes fort lauderdale medical malpractice attorney records as well as expert witness testimony.

To prove malpractice it is essential to establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your attorney.

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