How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and attorneys. This investment includes attorney time as well as court fees as well as expert witness fees and other costs.

An injury resulting from an healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic loss such as past and future medical bills as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires evidence of credibility to be able to prevail. The patient who has been injured (or their attorney if they have died) must prove each of the following legal aspects of the case:

The defendant did not fulfill that obligation. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care will not cause injury on its own. It must be proven that it directly caused the injury and was the main reason for the injury.

It is often required to file a complaint with a medical board in the state to protect patients' rights and ensure that the doctor doesn't commit further errors. But, filing a report is not the start of an action and is usually just a first step to making the malpractice claim move. It is advisable to speak with a Syracuse malpractice attorney prior to making any report or other document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal procedure. A lawyer for the plaintiff appointed by the court will go through 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 alleged mistake.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests to document like hospital billing information and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant on his or her knowledge of the case under the oath.

This information will be used by the attorney representing the plaintiff to prove elements of an action for medical malpractice lawyer malpractice in court. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injury or death; and a sufficient amount of damages that result from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery process, each side is entitled to seek and receive evidence pertinent to the case. This includes medical records before and after the incident of alleged malpractice, information about expert witnesses and tax returns or other documentation that pertains to expenses out of pocket that the plaintiff claims they incurred, as well as the names and contact information of any witnesses who are scheduled to testify at trial.

The majority of states have a statute of limitation that gives injured people an amount of time after a medical error to pursue a lawsuit. These time limits are determined by state laws and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawsuit the patient who was injured must prove that a doctor's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation i.e. that negligence caused their death or injury.

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who is able to record the questions as in the responses. Depositions are part of the discovery process which consists of gathering information that can be used in the trial.

Depositions allow attorneys to question witnesses, medical malpractice often doctors for a series of questions. When a physician is questioned and questioned, they must answer each question truthfully under an oath. Usually, the physician is questioned questions by one attorney and then cross-examined by another attorney. This is a crucial stage in the case and the doctor must be attentive to the case.

A deposition can help attorneys gain a thorough understanding of the doctor's qualifications in relation to his or medical malpractice his education, training, and experience. This information is crucial to convincing the court that the doctor did not adhere to your standard of care and that this breach caused you injury. For example, physicians who have been trained in the field of malpractice cases typically will affirm that they have extensive experience in performing certain procedures and practices that may be relevant to a specific 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 is the beginning of the process of legal disclosure, also known as discovery. You and your doctor's staff will work together to gather evidence to support your case. The evidence typically comprises medical records and testimony of an expert witness.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor acted according to the standard of care. Your doctor's lawyers will present arguments that do not agree with the evidence that your attorney has presented.

Despite folklore suggesting that doctors are targets for malpractice claims that are frivolous, decades of empirical research shows that jury verdicts typically reflect reasonable evaluations of damages and negligence, and that juries are skeptical of inflated damage awards. The majority of malpractice cases are settled before trial.