How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in numerous medical malpractice lawsuits. This can include physician hours and work product as well as attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice case can be filed when a healthcare professional is negligent, has committed misconduct or committed an error or failed to take action. Injury victims may seek compensatory damages, including actual economic losses, such as future and past medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be able to prevail. The person who was injured or their attorney in the event that the patient has passed away must be able to prove each of these elements:

That a hospital or doctor was bound to follow the applicable standard of care. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself is not a cause of injury, but it has to be shown that the breach directly caused the injury and was the primary reason for the injury.

It is sometimes required to file a complaint with a state medical body in order to protect the rights of the patient and to ensure that the doctor doesn't engage in further errors. A report is not a lawsuit, however, it is an excellent first step in initiating the malpractice lawsuit. It is often best to consult with an Syracuse lawyer for malpractice before filing a report or other document.

Summons

As part of the legal process, an order or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court will look over these documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, detailing the suspected error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital invoices and notes from the clinic, medical malpractice lawsuits and then taking the deposition of the defendant's physician, where attorneys question the defendant about his or her knowledge of the case under oath.

The information provided will be used by the attorney representing the plaintiff to prove the elements of a medical malpractice claim in court. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's violation of this duty; an causal connection between the breach and the patient's death or injury and a sufficient amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request any evidence relevant to their case. This includes medical records prior to and after an incident of alleged negligence, information regarding experts and tax returns, copies of the tax return or other documents relating to out-of pocket expenses that the plaintiff claims have been caused, and the names and contact details of any witnesses who will be testifying during the trial.

Most states have a statute-of-limitations that restricts the time a patient has to sue after being injured by an error in medical care. These time limits are determined by state laws and are subject to a rule known as the "discovery rules."

In order to win a medical malpractice case the patient who was injured must prove that a physician's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are essentially question-and-answer meetings which take place in the presence a court reporter, who records the questions as well as the answers. The deposition is an element of the discovery process, which is about gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. When a physician is questioned and questioned, they must answer each question truthfully under the oath. Usually, the physician is questioned questions by an attorney and then cross-examined by another attorney. This is a crucial phase of the case that requires the complete concentration and attention of the doctor.

Depositions allow lawyers to gain a thorough understanding of the doctor's background, including his or his education, training, and experience. This information is crucial to convincing the court that the doctor did not adhere to your standards of care and caused you injury. Physicians who have been trained in the area will often be able to prove they have experience in performing certain techniques and procedures that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. The process begins with a legal requirement of disclosure called discovery, where you and your doctor's team collaborate to collect evidence to prove your case. This typically includes medical records and testimony from an expert witness.

The goal of proving malpractice is to prove that the actions of your doctor 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 doctor followed the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, decades of empirical research proves that jury verdicts generally reflect reasonable evaluations of damages and negligence and that juries are skeptical of excessive damage awards. The majority of malpractice cases are settled before trial.