How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes attorney time, court fees as well as expert witness fees and other expenses.

A traumatic injury caused by the negligence of a healthcare professional's incompetence, error or omission can lead to a medical malpractice claim. Victims of injury can seek compensation for economic losses, like past or future medical expenses and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice lawyer malpractice lawsuit is made up of many moving parts and requires reliable evidence to succeed. The injured party (or their attorney if they've lost their claim) must be able to prove each of the following legal elements of the claim:

That a doctor or hospital was bound to act according to the standards of care in force. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care is not a cause of injury; however, it must be proved that the breach directly caused the injury and was the main cause of the injury.

To protect the rights of patients, and to ensure that a doctor doesn't commit any further errors, it is required to file a complaint with the state honolulu medical malpractice lawyer board. A report is not a lawsuit, but it can be an effective first step towards beginning the process of bringing a malpractice claim. It is recommended to talk with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will review these documents. If it is determined that there is a malpractice case the lawyer will file an affidavit and complaint with the court, describing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation such as hospital bills or clinic notes, and taking the deposition of the defendant's doctor. Attorneys will then inquire with the defendant under oath regarding their knowledge of the case.

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

Discovery

During the process of discovery, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, information about experts, firm copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact details of witnesses who are expected to testify during the trial.

Most states have a statute of limitations which allows injured patients a certain number of years after a medical mishap to make a claim. These time limits are typically set by law of the state, and are subject to rules called the "discovery rule."

In order to win a medical malpractice claim the injured person must prove that the doctor's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in the presence of a court reporter who records the questions as well and the answers. Depositions are part of the process of discovery in which parties collect information to use in a trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is questioned, they must answer all questions in a straight and honest manner under oath. Typically, the doctor is first asked questions by an attorney before being cross examined by another attorney. This is a crucial stage in the trial, and the physician must give it their full attention.

A deposition is a fantastic way for attorneys to obtain a detailed background of the doctor, including their education, training, and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach directly caused you harm. For instance, doctors who have been trained in the field of malpractice cases usually affirm that they have extensive experience performing certain procedures and techniques that could be relevant to a specific medical-malpractice claim.

Trial

Your lawyer will submit a complaint to the court and a summons. The process begins with a legal requirement of disclosure called discovery, where you and your doctor's team collaborate to collect evidence to support your case. This evidence typically includes medical records and the testimony of experts.

To prove malpractice you must prove that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor followed the standard of care. Your doctor's lawyers will present defenses that go against the evidence provided by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts typically reflect fair assessments of negligence and damages and that juries are skeptical about inflated damage awards. The vast majority of malpractice cases settle prior firm to trial.