How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in numerous medical malpractice lawsuits. This investment includes physician hours and work product, attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent or has committed misconduct or committed a mistake or failed to act. Injury victims can seek compensation for economic losses, such as past or future medical malpractice attorney expenses, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to prevail. The injured person or their attorney, should the patient die, must prove each of these legal elements:

The defendant breached that obligation. The defendant did not fulfill that obligation. The breach directly caused injury for the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care is not a cause of injury, but it must be proved that the breach directly caused the injury and was the primary cause of the injury.

It is typically necessary to file a claim to a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't commit further negligence. A report is not a lawsuit, but it could be a good first step in beginning the process of bringing a malpractice claim. It is recommended to speak with a Syracuse malpractice lawyer before filing a report or any other type of document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will then go over these documents and, if it is found that there could be an incident of malpractice then they will file an affidavit and complaint with the court describing the medical 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 invoices and clinic notes and taking the defendant physician's deposition, where attorneys question the defendant about his or her knowledge of the case under the oath.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim 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 breach of this duty and a causal link between the breach and injury or medical malpractice lawsuits death of the patient, and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are entitled to request and receive evidence relevant to the case. This includes medical records before and following the mishaps, information about experts and tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims to have incurred, and also the names and contact details for any witnesses who will appear at trial.

The majority of states have a statute of limitations that limits the amount of time a patient can claim compensation after suffering injuries due to a medical mistake. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical negligence case the injured person must show that a doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of an official court reporter who records both the questions as well as the answers. The deposition is a part of the discovery process in which parties gather information to be used in a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a series of questions. If a physician is interrogated to testify, he or she must answer each question truthfully under an oath. Typically, the doctor is asked questions by one attorney and then cross-examined by a different attorney. This is an important stage in the case and the physician has to be attentive to the case.

Depositions are a great way for attorneys to obtain an in-depth background on the doctor, including the doctor's education, training and experience. This information is essential to showing that the doctor violated the standard of care in your situation and that the breach directly caused injury to you. For instance, doctors who have been trained in the area of malpractice cases generally testify that they have vast experience in the execution of certain procedures and methods that could be relevant to a specific medical malpractice lawyers-malpractice claim.

Trial

Your lawyer will submit a complaint to the court and a summons. This starts a legal disclosure process called discovery. Your doctor and your staff will work together to gather evidence to prove your case. This evidence usually comprises medical records and testimony from an expert witness.

The goal of proving malpractice is to establish that your physician's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standard of care. The attorneys for your doctor will present defenses that contradict the evidence that your attorney has presented.

Despite the myth that doctors are the target of false claims of malpractice the decades of evidence shows that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries are skeptical of inflated award amounts. The majority of malpractice cases settle before trial.