How to File a Medical Malpractice Lawsuit

Many medical malpractice law firms malpractice lawsuits require significant time and resources from both physicians and lawyers. This investment covers physician time and work product attorneys' time court costs as well as expert witness fees and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent, has committed misconduct or committed a mistake or failed to act. Injury victims may seek compensatory damages, including the actual economic loss such as future and past medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires a solid evidence to prevail. The patient who has been injured (or their attorney if they've died) must show each of these legal aspects of the case:

That a hospital or doctor had a responsibility to follow the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care cannot directly cause injury. It must be demonstrated that it caused the injury directly and was the main reason for the injury.

It is typically necessary to file a complaint to a state medical board in order to safeguard patients' rights and medical malpractice lawsuit ensure that the doctor doesn't commit further malpractice. But, filing a report is not the start of a lawsuit and is often just a first step to getting the malpractice case moving. It is recommended to talk with a Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A lawyer for the plaintiff appointed by the court will examine these documents. If it is determined that there is a malpractice issue the lawyer is required to file an affidavit, along with a complaint to the court, detailing the possible error.

The next step is to collect evidence by pretrial disclosure. This involves submitting requests for documentation such as hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued in which attorneys ask the defendant about his or their knowledge of the matter under an oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's violation of this duty, a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery process, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records before and Medical malpractice lawsuit after the incident of suspected malpractice, information on expert witnesses and tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims were incurred along with the names and contact details of any witnesses who are scheduled to appear at trial.

There are many states with a statute of limitations which limits the amount of period that a patient must sue after being injured by medical error. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the patient has to demonstrate that the negligence of the doctor caused a specific injury like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are questions and answer sessions that take place in the presence of a court reporter who documents both the questions and answers. The deposition is a part of the discovery process which involves gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, typically doctors, a series of questions. When a physician is deposed and questioned, they must answer all questions in an honest and open manner under oath. Usually, the physician is first asked questions by an attorney and later the attorney is cross-examined by another attorney. This is an essential stage of the trial and requires the complete concentration and attention of the physician.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or the training, education and experience. This information is crucial to prove that the doctor did not meet the standard of care in your case and that the breach directly resulted in injury. For instance, doctors who have been trained in the field of malpractice cases generally be able to prove that they have a lot of experience in performing specific procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. The process begins with a legal requirement of disclosure known as discovery where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records as well as testimony from expert witnesses.

The goal of proving negligence is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts tend to reflect fair assessment of damages and negligence, and juries are skeptical of overinflated damages awards. The majority of malpractice cases settle before trial.