How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest significant time and money in the many lawsuits involving medical malpractice. This investment includes physician hours and work product, attorney time court costs as well as expert witness fees and many other costs.

A medical malpractice case can be filed if a healthcare professional is negligent, has committed misconduct, made an error, or failed to act. Plaintiffs seeking compensation for their injuries can seek damages, which include economic losses such as past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice attorneys malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to be successful. The injured person or their attorney if the patient has died, must show each of these legal elements:

The defendant did not fulfill that obligation. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care does not cause injury on its own. It must be proved that it directly caused the injury and was the primary reason for the injury.

It is typically necessary to file a claim with a medical board in the state in order to safeguard the rights of the patient and ensure that the doctor does not engage in further negligence. A report is not a lawsuit, but it could be an excellent first step in getting the malpractice claim started. It is usually recommended to consult a Syracuse malpractice lawyer prior to filing a report, or medical malpractice attorneys any other type of document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer for the plaintiff appointed by the court will examine the documents. If it appears there is a malpractice issue the lawyer is required to file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents such as hospital billing information as well as notes from clinics and taking the deposition of the defendant's physician, where attorneys question the defendant on his or his knowledge of the situation under the oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice in court. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's breach of this duty and a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records prior to and after the alleged malpractice, information about expert witnesses, copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact information for any witnesses who be present at trial.

Most states have a statute-of-limitations that limits the period that a patient must seek compensation for injuries caused by a medical malpractice attorney mistake. The time limit is set by state laws and are subject to a rule known as the "discovery rules."

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

Deposition

Depositions are question-and-answer sessions that are conducted in front of a court reporter who records both the questions as well as the responses. The deposition is part of the process of discovery, which is the process of gathering evidence that can be used in the trial.

Depositions allow attorneys to question witnesses, often doctors to answer a series of questions. If a doctor is interrogated and Medical Malpractice Attorneys questioned, they must answer all questions in an honest and open manner under oath. Typically, the doctor is asked questions by one attorney and later cross-examined by a second attorney. This is an important stage in the case, and the physician must give it their full attention.

A deposition is a great opportunity for lawyers to gather an in-depth background on the doctor, including the doctor's education, training and experience. This information is critical to prove that the doctor did not meet the standard of care in your situation and that the breach directly caused injury to you. For example, physicians who have received training in the area of malpractice cases typically will testify that they have vast experience in the execution of certain procedures and methods that may be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is formally launched when your lawyer files a complaint and summons with the appropriate court. This starts the process of legal disclosure known as discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. This typically includes medical records and testimony of an expert witness.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with 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 lawyers will argue defenses that go against the evidence presented by your lawyer.

Despite the myth that doctors are targets for false claims of malpractice, decades of empirical evidence confirm that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of inflated award amounts. The vast majority malpractice cases are settled prior to trial.