How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This includes attorney time as well as court fees expert witness fees, court costs and other costs.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has committed misconduct or committed a mistake or acted in a way that was not. The injured party may be able to seek compensation damages, which include economic losses such as future and past medical malpractice attorneys bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to succeed. The injured patient or their attorney, in the event that the patient has passed away must be able to prove each of these elements:

The hospital or doctor had a responsibility to perform its duties in accordance with the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury; however, it must be proven that the breach directly caused the injury and was the primary reason for the injury.

To protect the rights of patients, and to ensure that a physician is not committing further errors, it is required to file a complaint with the state medical board. However, filing a claim is not a way to start a lawsuit and is often just a first step to moving the malpractice claim. It is advisable to speak with an Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process a summons or claim forms is filed with the court and then handed to the defendant doctor. A plaintiff's lawyer appointed by the court will review the documents. If it appears that there is a malpractice case, the lawyer will file an affidavit and a complaint with the court, describing the possible error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting requests for documentation like hospital billing information or clinic notes, as well as taking the deposition of the defendant's physician, where attorneys question the defendant about his or their knowledge of the matter under oath.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical negligence claim during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the physician's failure to fulfill this duty and a causal connection between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery process each side is entitled to request and receive evidence that is relevant to the case. This includes medical records before and after the incident of mishaps, information about expert witnesses and tax returns or Medical malpractice attorneys other documents relating to expenses out of pocket that the plaintiff claims to have incurred, as well as the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute of limitation that gives injured people some time after an injury or medical malpractice attorney mistake to pursue a lawsuit. The time limit is usually determined by state law, and they are subject to a rule known as the "discovery rule."

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

Deposition

Depositions are essentially question-and-answer meetings which take place in the presence a court reporter, who is able to record the questions as with the answers. The deposition is a part of the process of discovery, which is about gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, typically doctors, a series of questions. If a physician is interrogated by a lawyer, the doctor must answer all questions truthfully under oath. Typically, the doctor is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is an essential stage of the case and requires the complete concentration and attention of the physician.

A deposition is an excellent way for attorneys to obtain a detailed background of the doctor, including his education, training and experience. This information is crucial in prove that the doctor did not meet your standards of care and that this breach resulted in injury to you. For instance, doctors who have completed training in the field of malpractice cases usually affirm that they have extensive experience in the execution of certain procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will make a complaint to the court and issue a summons. This begins a legal process of disclosure, also known as discovery, where you and your physician's team work together to gather information to prove your case. This typically consists of medical records as well as testimony from expert witnesses.

The purpose of proving malpractice is to establish that the actions of your doctor did not meet the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts tend to reflect reasonable assessment of damages and negligence and juries are skeptical of excessive damage awards. The majority of malpractice cases settle before trial.