How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in numerous medical malpractice lawsuits. This can include physician hours and work product as well as attorney time court costs and expert witness fees and many other costs.

An injury resulting from an healthcare professional's negligence, mistake, or omission could result in medical malpractice claims. Injury victims may seek compensatory damages, which could include actual economic loss, such as the past and future medical bills, as well as noneconomic losses such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires evidence of credibility to be successful. The patient who has been injured or their attorney in the event that the patient has passed away must be able to prove each of these elements:

The defendant breached that obligation. The defendant violated that duty. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care will not cause injury on its own. It must be demonstrated that it caused the injury directly and was the proximate reason for the injury.

It is usually necessary to file a formal complaint with a state medical body to protect the patient's rights and ensure that the doctor does not engage in further malpractice. However, filing a report does not start an action, and is often just a first step to getting the malpractice case moving. It is often best to consult with an Syracuse malpractice lawyer prior to filing a report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over these documents. If it appears there is a malpractice issue the lawyer is required to file an affidavit, along with a complaint to the court, detailing the alleged mistake.

The next step is to gather evidence by pretrial disclosure. This involves submitting requests for documentation, such as hospital billing and clinic notes, and taking depositions of the defendant's doctor. Attorneys will then question the defendant under oath about the details of the case.

The information provided will be used by the lawyer for the plaintiff to prove the elements of an action for medical malpractice in court. These include the existence of a duty 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 injuries or death and a sufficient amount of damages resulting from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery process, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records before and after the mishaps, information about experts and tax returns, copies or other documentation related to expenses out of pocket that the plaintiff claims were incurred as well as the names and contact information for any witnesses who will be called to testify in the trial.

The majority of states have a statute of limitation that permits injured patients a certain number of years after a medical error to bring a lawsuit. The length of time is typically determined by the law of the state and are subject to a rule known as the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured has to prove that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and medical malpractice lawsuits 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 is the process of gathering evidence that can be used in the course of a trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. If a doctor is deposed to testify, he or she must answer all questions honestly under the 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 has to pay attention to it with all their heart.

Depositions allow lawyers to get a complete background on the doctor in terms of his or her education, training and experience. This information is essential to establish that the doctor violated the standards of care in your particular case and that the breach caused you injury. Doctors who have been trained in this field will typically affirm that they have years of experience performing specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer file a complaint and summons with the court of your choice. The process begins with a legal requirement of disclosure, referred to as discovery where you and your physician's team collaborate to collect evidence to support your case. The evidence typically comprises medical records and testimony of an expert witness.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standard of care. Your doctor's lawyers will present arguments that do not agree with the evidence that your attorney has presented.

Despite the common belief that doctors are the target of fraudulent malpractice claims Evidence from decades show that juries make reasonable estimates of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle prior to trial.