How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and Medical Malpractice Attorneys attorneys. This can include attorney time and court costs as well as expert witness fees and other costs.

A medical malpractice lawsuit can be filed in the event that a healthcare professional has been negligent or has committed misconduct or committed an error or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, including future or past medical expenses and also non-economic injuries, such as pain and medical malpractice attorneys discomfort.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be successful. The person who was injured (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:

A hospital or doctor had a responsibility to act according to the standards of care in force. The defendant breached this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a duty of care does not directly cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

To ensure the rights of patients, and to ensure that a doctor does not continue to commit errors, it is required to file a claim with the state medical board. However, filing a report does not initiate the process of a lawsuit, and is typically just a step towards moving the malpractice claim. It is recommended to speak with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer appointed by the court will examine the documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit and a complaint with the court, detailing the claimed error.

The next step is to collect evidence through pretrial disclosure. This involves making requests for evidence, such as hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys then will question the defendant under oath about his or her knowledge regarding the case.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice in the course of trial. These include the existence of a duty on the doctor's part to provide medical Malpractice attorneys care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's injuries or death and a significant amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records before and following the alleged malpractice, information about experts and tax returns, copies or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred as well as the names and contact information for any witnesses who testify at trial.

There are many states with a statute of limitations which limits the amount of amount of time a patient can claim compensation after suffering injuries due to an error in medical care. These time limits are determined by the laws of the state and are subject to a rule known as the "discovery rules."

To win a medical malpractice case, an injured patient must show that a doctor's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are sessions of question and answer that take place in the presence a court reporter, who is able to record the questions as and the answers. Depositions are a part of the discovery process through which parties gather information to use in the trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. If a physician is interrogated by a lawyer, the doctor must answer all questions honestly under an oath. Usually, the physician is first asked questions by an attorney before being cross examined by another attorney. This is an important stage in the trial and the physician has to focus on it with complete attention.

A deposition allows attorneys to gain a thorough understanding of the doctor in terms of his or her education, training and experience. This information is essential to proving the doctor breached your standards of care and resulted in injury to you. Doctors who have been trained in this field will typically declare that they have experience with certain techniques and procedures that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This is the beginning of the process of legal disclosure, also known as discovery. Your doctor and your team will collaborate to gather evidence to support your case. The evidence typically includes medical records as well as testimony of an expert witness.

The purpose of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor acted in accordance with the standards of care. Your doctor's lawyers will present defenses that go against the evidence presented by your lawyer.

Despite the legend that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts generally reflect fair assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases are settled prior to trial.