How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must spend a significant amount of time and money in a variety of medical malpractice lawsuits. This investment covers physician time and work product and attorney time court costs and expert witness fees and many other costs.

A medical malpractice case can be filed when a healthcare professional is negligent or has committed misconduct or committed an error or failed to take action. Victims of injury can seek compensation for economic losses, such as past or future medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be successful. The person who was injured (or their attorney if they have died) must prove each of the following legal elements of the claim:

That a doctor or hospital had a responsibility to act in accordance with the standards of care in force. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care is not a cause of injury; however, it must be shown that the breach directly caused the injury and was the primary reason for the injury.

To protect a patient's rights, and to ensure that a physician is not committing further mistakes, it is essential to file a report 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 making the malpractice claim move. It is advisable to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process, a summons or claim form is filed with the court and delivered to the defendant doctor. A plaintiff's lawyer appointed by the court will look over the documents. If it appears there is a malpractice case the lawyer will file an affidavit, along with a complaint to the court, detailing the claimed error.

The next step is to collect evidence by pretrial disclosure. This involves the submission of requests for documentation such as hospital bills or clinic notes, and taking depositions of the defendant physician. Attorneys will then question the defendant under oath regarding the details of the case.

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's failure to fulfill this duty, a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are able to ask for and receive evidence that is relevant 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 the out-of-pocket expenses that the plaintiff claims to have incurred, along with the names and contact details for any witnesses who will be called to testify in the trial.

There are many states with a statute of limitations that limit the time a patient has to claim compensation after suffering injuries due to an error made by a doctor. The length of time is determined by the laws of the state and are subject to a law known as the "discovery rules."

In order to win a medical malpractice attorney malpractice claim, an injured patient must show that a doctor's negligence caused a specific injury for example, physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of an official court reporter who records both the questions and the responses. The deposition is part of the process of discovery, which is about gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, usually doctors. When a physician is questioned to testify, he or she must answer each question truthfully under oath. Usually, the physician is questioned questions by one attorney and then cross-examined by another attorney. This is a crucial stage in the case and the doctor must be attentive to the case.

A deposition is a great way for attorneys to get an extensive background on the doctor, including her training, education and experience. This information is crucial to establish that the doctor violated the standard of care in your situation and that the breach caused injury to you. For medical malpractice lawsuit instance, doctors who have received training in the field of malpractice cases typically will affirm that they have extensive knowledge of specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This initiates the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to support your case. The evidence typically includes medical malpractice law firms records and expert witness testimony.

The goal of proving malpractice is to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your physician acted according to the standard of care. Your doctor's lawyer will present defenses that contradict the evidence presented to you by your attorney.

Despite the belief that doctors are the target of fraudulent malpractice claims Evidence from decades show that juries make reasonable estimates of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled prior to trial.