How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This can include physician hours and work product as well as attorney time, court costs as well as expert witness fees and countless other expenses.

An injury resulting from medical professional's negligence, mistakes, or error could result in medical malpractice claims. The injured party can seek compensation for economic losses, like future or past medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to be successful. The injured patient (or their attorney if they've died) must be able to prove each of the following legal aspects of the case:

That a hospital or doctor Medical Malpractice was bound to perform its duties in accordance with the standard of care applicable. The defendant did not meet this 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 does not cause an injury; however, it must be proved that the breach directly caused the injury and medical malpractice was the proximate cause of the injury.

It is often required to file a complaint with a state medical malpractice law firms board in order to safeguard patients' rights and ensure that the doctor does not commit any further negligence. However, filing a complaint is not the start of an action and is usually only a first step in getting the malpractice case moving. It is advisable to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court and handed to the defendant physician. A lawyer for the plaintiff appointed by the court will look over the documents. If it appears there is a malpractice case and the lawyer files an affidavit and complaint with the court, describing the alleged mistake.

The next step is to collect evidence by pretrial disclosure. This includes making requests for evidence, such as hospital billing or clinic notes, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath as to the details of the case.

This information will be used by the lawyer for the plaintiff to prove the elements of a claim for medical malpractice at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the doctor's violation of this duty and a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical records from prior to and after an incident of negligence, information regarding experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims to have incurred, and the names and contact details of any witnesses who are expected to testify during the trial.

Most states have a statute-of limitations that restricts the amount of time a patient can sue after being injured by an error made by a doctor. The length of time is determined by the laws of the state and are subject to a rule known as the "discovery rules."

In order to win a medical malpractice lawsuit an injured victim must prove that a physician's negligence caused specific harm for example, 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 question-and-answer sessions that are conducted in front of a court reporter who documents both the questions and the answers. Depositions are part of the discovery procedure, which consists of gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. If a doctor is deposed to testify, he or she must answer all questions truthfully under an oath. Typically, the doctor is first interrogated by an attorney, and then interrogated by a different attorney. This is a crucial phase of the trial and requires the complete attention and focus of the doctor.

A deposition can help attorneys obtain a detailed background on the doctor's background, including his or their education, training and experience. This information is essential to proving that the physician breached the standards of care in your case and that the breach directly caused you injury. For instance, doctors who have received training in the field of malpractice cases will typically be able to prove that they have a lot of knowledge of certain procedures and techniques that could be relevant to a specific medical malpractice law firm malpractice claim.

Trial

Your lawyer will make a complaint to the court, along with a summons. This initiates the process of legal disclosure, also known as discovery. Your doctor and your staff will work together in order to gather evidence that can prove your case. This typically includes medical records as well as testimony of an expert witness.

The purpose 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 could have been avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyer will offer defenses which contradict the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are frivolous, years of empirical research has shown 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.