How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in a variety of medical malpractice lawsuits. This includes doctor hours and work product and attorney time court costs, expert witness fees, and countless other expenses.

A traumatic injury caused by medical malpractice law firms professional's negligence, misconduct, error or omission could result in medical malpractice claims. Victims of injury may seek compensation damages, including actual economic loss such as past and future medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to prevail. The patient who has been injured or their attorney when the patient has passed away must prove each of these legal elements:

That a hospital or doctor had a responsibility to act in accordance with the standards of care in force. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself does not cause an injury; it must be proven that the breach directly caused the injury and was the direct cause of the injury.

To ensure the rights of patients, and to ensure that a physician doesn't commit any further errors, it is required to file a complaint with the state medical board. However, filing a claim does not start a lawsuit and is often just a step towards getting the malpractice case moving. It is generally recommended to consult an Syracuse attorney for malpractice prior to filing a report or other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for Medical Malpractice Law Firms plaintiff will review the documents and, if it is found that there could be a case of malpractice and they file a complaint and affidavit before the court describing the medical Malpractice Law firms error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital bills and clinic notes, and taking depositions of the defendant's physician. Attorneys will then ask the defendant under oath regarding his or her knowledge regarding the case.

The attorney for the plaintiff will use this evidence to prove the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty as well as a causal connection between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are able to request and receive evidence that is relevant to the case. This includes medical records before and after the incident of an alleged malpractice, details about experts and tax returns or other documentation that pertains to the out-of-pocket expenses that the plaintiff claims to have incurred, as well as the names and contact details for witnesses who are expected to be present at trial.

The majority of states have a statute of limitations that limits the length of time that a patient is allowed to seek compensation for injuries caused by an error in medical care. Those time limits are usually determined by the law of the state and they are subject to a rule known as the "discovery rule."

In order to win a medical malpractice claim an injured victim must prove that a doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence of a court reporter who takes notes of the questions as well with the answers. Depositions are part of the process of discovery, which involves gathering information that can be used in a trial.

Depositions allow attorneys to question witnesses, often doctors, a series of questions. When a physician is deposed and medical malpractice law firms asked to answer questions truthfully under oath. Usually, the physician is first interrogated by an attorney and later cross examined by another attorney. This is a crucial phase in the case and the physician has to be attentive to the case.

A deposition can help attorneys gather a full background of the doctor's background in terms of his or their education, training and experience. This information is essential for establish that the doctor violated the standards of care in your situation and that the breach caused you harm. Physicians who have received training in this area are likely to declare that they have experience performing certain procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the court of your choice. This starts a legal disclosure process called discovery. Your doctor and your staff will work together to collect evidence to support your case. This usually includes medical records and expert witness testimony.

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 would not have occurred if your doctor followed the standards of care. The lawyers for your doctor will present defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for fraudulent malpractice claims Evidence from decades show that juries make reasonable assessments of damages and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle before trial.