How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in numerous medical malpractice lawsuits. This investment includes attorney time and court costs expert witness fees, court costs and other expenses.

An injury caused by an healthcare professional's negligence, incompetence, error or omission can lead to medical malpractice attorney malpractice claims. Victims of injury can seek compensation for economic losses, like past or future medical bills and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to prevail. The patient who has been injured (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

The defendant breached the duty. That the defendant breached that obligation. 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 doesn't cause injury, but it has to be proven that the breach directly caused the injury and was the main reason for the injury.

It is typically required to file a complaint with a medical malpractice lawyer board in the state in order to safeguard patients' rights and ensure that the doctor doesn't engage in further malpractice. A report is not a lawsuit, but it can be a good first step in initiating the malpractice lawsuit. It is recommended to consult an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

A summons or claim is filed in a courtroom and 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 may be an incident of malpractice then they will file an affidavit and complaint with the court, describing the medical error that they believe to have committed.

The next step is to collect evidence through pretrial disclosure. This includes submitting requests for documentation, such as hospital billing or clinic notes, and taking depositions of the defendant's doctor. Attorneys then will question the defendant on oath about their knowledge of the case.

The attorney for the plaintiff will use this evidence to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's failure to fulfill this duty and a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records from before and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of any witnesses who will be appearing in the trial.

Most states have a statute-of-limitations that restricts the period that a patient must seek compensation for injuries caused by an error made by a doctor. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the injured patient has to prove that the doctor's negligence caused specific harm, like physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question and answer sessions that are conducted in front of a court reporter who records both the questions and the answers. The deposition is part of the discovery process, which involves gathering information that can be used in a trial.

Depositions permit attorneys to ask witnesses, firm often doctors for a series of questions. If a doctor is deposed to testify, he or she must answer all questions honestly under oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial phase in the case and the physician must focus on it with complete attention.

A deposition is an excellent opportunity for firm lawyers to gather an extensive background on the doctor, including his or his education, training and experience. This information is crucial to proving the doctor breached your standard of care and that this breach caused injury. For example, physicians who have trained in the field of malpractice cases will typically affirm that they have extensive experience in performing certain procedures and methods that may be relevant to a specific medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This triggers a legal procedure of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records as well as testimony from expert witnesses.

The goal of proving malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented by your lawyer.

Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence confirm that jury verdicts are based on reasonable judgments of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.