How to File a Medical Malpractice Lawsuit

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

A serious injury that is the result of an healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice law firm malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic loss such as past and future medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to succeed. The injured patient or their lawyer when the patient has passed away, must show each of these legal elements:

The hospital or doctor was bound to perform its duties in accordance with the applicable standard of care. The defendant did not fulfill that obligation. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself doesn't cause injury, but it must be shown that the breach directly caused the injury and was the primary cause of the injury.

It is usually required to file a complaint with a state medical board in order to safeguard the patient's rights and ensure that the doctor does not commit further malpractice. However, filing a complaint is not a way to start an action and is usually just a beginning step in moving the malpractice claim. It is recommended to talk with an Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal procedure, an order or claim form is filed with the court and handed to the defendant doctor. A lawyer appointed by the court for the plaintiff will then go over these documents and, if it is found that there may be an issue with malpractice and they file a complaint and affidavit to the court detailing the medical error that they believe to have committed.

The next step is to collect evidence by pretrial disclosure. This includes the submission of requests for medical malpractice documentation like hospital billing and notes from clinics, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath as to his or her knowledge of the case.

This information will be used by the lawyer for the plaintiff to prove the elements of a claim for medical negligence in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide care and treatments to patients, the physician's breach 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 award.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records from before and after an incident of negligence, information on experts and tax returns or other documents relating to out-of pocket expenses that the plaintiff claims to have incurred, and the names and contact details of witnesses who will testify during the trial.

There are many states with a statute of limitations that restricts the length of time that a patient is allowed to pursue a lawsuit after being injured due to medical error. Those time limits are usually set by law in the state, and they are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, the patient has to demonstrate that the negligence of the doctor caused specific harm, like physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in presence of a court reporter who records the questions as well with the answers. The deposition is an element of the discovery procedure, which consists of gathering information that can be used in the trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a doctor is questioned they must answer all questions honestly under oath. Typically, the doctor is first interrogated by an attorney before being cross examined by another attorney. This is an essential stage of the process and requires the full attention and focus of the doctor.

A deposition is a way for medical malpractice attorneys to obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to establish that the doctor violated the standards of care in your particular case and that the breach caused injury to you. For example, physicians who have completed training in the field of malpractice cases usually testify that they have vast knowledge of specific procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

A civil court is officially launched when your lawyer file a complaint and summons with the court of your choice. This is the beginning of the process of legal disclosure known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. The evidence typically includes medical records as well as expert witness testimony.

The goal of proving negligence is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your lawyer.

Despite the legend that doctors are targets for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts typically reflect fair assessment of damages and negligence, and juries are skeptical of overinflated damages awards. The vast majority of malpractice cases are settled before trial.