How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment includes physician hours and work product, attorney time court costs, expert witness fees, and many other costs.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent or has committed misconduct or committed an error or failed to take action. Injury victims may seek compensatory damages, including actual economic losses such as past and future medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof to be able to prevail. The injured person or their attorney, if the patient has died, must show each of these legal elements:

A hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself doesn't cause injury, but it must be shown that the breach directly caused the injury and was the main cause of the injury.

To ensure the rights of a patient, and to ensure that a doctor does not continue to commit malpractice, it is necessary to file a claim with the state medical board. However, filing a claim is not a way to start an action, and is often just a beginning step in moving the malpractice claim. It is generally recommended to consult with an Syracuse lawyer for malpractice before filing a report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal process. A plaintiff's lawyer who is appointed by the court will review the documents. If it appears that there could be a malpractice claim, the lawyer will file an affidavit and a complaint with the court, describing the alleged mistake.

The next step is obtaining evidence by pretrial disclosure. This involves submitting documents such as hospital billing information and notes from the clinic, and then taking the defendant physician's deposition in which attorneys ask the defendant on his or his knowledge of the case under oath.

The attorney for the plaintiff will use this information to establish the elements of a claim for medical malpractice during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's injuries or death; and a sufficient amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records prior to and after the incident of suspected malpractice, information on expert witnesses and tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims were incurred, along with the names and contact information of any witnesses who are scheduled to testify at trial.

Most states have a statute of limitation that allows injured patients only some time after a medical mishap to make a claim. These time limits are typically set by law of the state, and they are subject to rules called the "discovery rule."

In order to win a medical negligence case the patient who was injured must prove that a doctor's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence a court reporter, malpractice who will record the questions as with the answers. Depositions are part of the discovery process, in which parties collect information for use in the trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is questioned, they must answer all questions in an honest and open manner under the oath. Usually, the physician is first asked questions by an attorney before being the attorney is cross-examined by another attorney. This is an important stage of the trial and requires the complete concentration and attention of the physician.

Depositions are a great way for attorneys to obtain a detailed background of the doctor, including their education, training, and experience. This information is critical to establish that the doctor violated the standards of care in your particular case and that the breach directly caused injury to you. Doctors who have been trained in the area will often declare that they have experience with specific procedures and techniques that could be relevant to a particular medical malpractice lawyer-malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer files a complaint and summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. This evidence typically includes medical records as well as testimony from experts.

To prove malpractice, you must establish that the doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your physician acted according to the standards of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are the target of fraudulent malpractice claims, decades of empirical evidence confirm that jury verdicts reflect reasonable assessments of damages and negligence and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases are settled before trial.