How to File a Medical Malpractice Lawsuit

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

An injury resulting from charlotte medical malpractice lawsuit professional's negligence, incompetence, error or omission can lead to medical malpractice claims. Injury victims can seek compensation for economic losses, like future or past medical bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to succeed. The injured patient or their lawyer should the patient die, must demonstrate each of these legal elements:

That a doctor or hospital had a responsibility to perform its duties in accordance with the standard of care applicable. The defendant violated that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a standard of care cannot necessarily cause injury. It must be demonstrated that it caused the injury directly and was the main reason for the injury.

It is typically required to file a complaint to a state medical board in order to safeguard the patient's rights and ensure that the doctor does not commit additional negligence. A report is not a lawsuit, but it could be an effective first step towards beginning the process of bringing a malpractice claim. It is usually recommended to consult with an Syracuse malpractice lawyer prior to filing a report or other type of document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for the plaintiff will review the documents and, if it appears that there is a case of malpractice and they file an affidavit and complaint with the court describing the alleged medical malpractice attorney error.

The next step is obtaining evidence by pretrial disclosure. This includes the submission of requests for documentation, such as hospital billing and clinic notes, and taking depositions of the defendant's doctor. Attorneys will then inquire with the defendant on oath about his or her knowledge regarding the case.

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

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records from before and after an incident of negligence, information on experts and medical malpractice tax returns or medical malpractice other documents relating to expenses out of pocket the plaintiff claims to have paid, as well as the names and contact details of witnesses who are expected to testify in the trial.

The majority of states have a statute of limitations which allows injured patients an amount of time after a medical error to bring a lawsuit. The length of time is determined by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice lawsuit, the patient has to show that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who documents both the questions and answers. Depositions are part of the process of discovery in which the parties collect evidence for use in the trial.

Attorneys are able to ask a series of questions to witnesses, which are usually doctors. When a physician is deposed and asked to answer questions in a straight and honest manner under oath. Usually the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is an important stage in the case, and the physician must be attentive to the case.

A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is crucial for prove that the doctor did not meet your standard of care and resulted in injury to you. For example, physicians who have been trained in the field of malpractice cases generally declare that they have a vast knowledge of certain procedures and methods that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This begins a legal process of disclosure called discovery, where you and the doctor's team work together to gather evidence to support your case. This typically consists of medical records and testimony from experts.

The goal of proving malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standard of care. Your doctor's lawyer will offer defenses which contradict the evidence presented by your lawyer.

Despite the belief that doctors are a target for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts typically reflect reasonable judgments about the extent of negligence and damages, and juries are skeptical of overinflated damages awards. The majority of malpractice cases settle before trial.