How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in numerous medical malpractice lawsuits. This includes doctor hours and work product and attorney time court costs as well as expert witness fees and many other costs.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent, has committed misconduct, made an error, or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic loss such as future and past medical bills, as well as noneconomic loss such as pain and suffering.

Complaint

A medical malpractice law firms malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to win. The person who was injured (or their attorney if they've lost their claim) must be able to prove each of the following legal elements of the claim:

The defendant violated this obligation. That the defendant breached that obligation. The breach directly caused injury to plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care does not cause injury; it must be shown that the breach directly caused the injury and was the direct cause of the injury.

To safeguard the rights of a patient, and to ensure that a doctor is not committing further wrongdoing, it's necessary to file a report with the state medical board. However, filing a complaint does not initiate a lawsuit and is often just a first step to moving the malpractice claim. It is advisable to speak with an Syracuse malpractice attorney before filing any report or document.

Summons

As part of the legal process, a summons or claim form is filed with the court and delivered to the defendant physician. A plaintiff's lawyer who is appointed by the court will examine the documents. If it appears there is a malpractice case the lawyer will file an affidavit and a complaint with the court, detailing the alleged mistake.

The next step is to collect evidence through pretrial disclosure. This involves the submission of requests for documentation including hospital billing and clinic notes, as well as taking depositions of the defendant physician. Attorneys will then inquire with the defendant under oath regarding his or her knowledge of the case.

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

Discovery

During the discovery phase where both parties are permitted to request any evidence relevant to their case. This includes medical malpractice attorney records from before and after an incident of alleged negligence, information on experts, copies of tax return or other documentation related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will testify during the trial.

There are many states with a statute of limitations which limits the amount of time a patient has to claim compensation after suffering injuries due to a medical mistake. These limitations are set by the laws of the state and are subject to a law known as the "discovery rules."

To prevail in a medical malpractice case, an injured patient must prove that the doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who takes notes of the questions as well in the responses. Depositions are part of the discovery process, which is about gathering information that can be used in the trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. If a physician is interrogated by a lawyer, the doctor must answer all questions truthfully under the oath. Usually, the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial step in the trial and the physician must be attentive to the case.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or the training, medical malpractice law Firms education and experience. This information is crucial in proving the doctor breached the standard of care you expect and that this breach caused you harm. Physicians who have been trained in the area will often declare that they have knowledge of specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the appropriate court. This is the beginning of a legal disclosure process called discovery. Your doctor and your team will collaborate to gather evidence to support your case. This evidence typically includes medical records and the testimony of experts.

To prove malpractice it is necessary to prove that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor followed the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence that your attorney has presented.

Despite the myth that doctors are the target of unsubstantiated claims of malpractice, decades of empirical evidence shows that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases settle prior to trial.