How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in many medical malpractice lawsuits. This includes attorney time, court fees, expert witness fees and other costs.

An injury resulting from medical malpractice law firms professional's negligence, mistakes, or error could result in a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic loss such as past and future medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to win. The patient who has been injured or their attorney in the event that the patient has passed away must prove each of these legal elements:

That a doctor or hospital was required to follow the standard of care applicable. The defendant erred in his duty. The breach directly caused injury to plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be shown that the breach directly caused the injury and was the direct cause of the injury.

To protect the rights of patients, and to ensure that a doctor doesn't commit any further mistakes, it is essential to file a complaint with the state medical board. However, filing a report does not start an action, and is often just a first step to making the malpractice claim move. It is recommended to talk with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process a summons or claim forms is filed with the court, and then delivered to the defendant physician. A lawyer for the plaintiff appointed by the court will look over these documents. If it appears there is a malpractice issue and the lawyer files an affidavit as well as a complaint with the court, describing the alleged error.

The next step is to gather evidence through pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath about his or her knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical negligence at 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 that result from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records from before and after an incident of negligence, information regarding experts as well as copies of tax returns or other documents relating to out-of-pocket expenses that the plaintiff claims have been attributable to them, and the names and contact details of any witnesses who will be testifying in the trial.

Most states have a statute of limitations which allows injured patients a certain number of years after a medical error to file a lawsuit. These limitations are set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice attorneys (our website) negligence case, an injured patient must prove that a physician's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions and answer sessions conducted in the presence of a court reporter who documents both the questions and the responses. The deposition is a part of the discovery procedure, which is about gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. If a doctor is deposed to testify, he or she must answer all questions honestly under oath. Usually the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial stage in the trial and Medical Malpractice Attorneys the doctor must focus on it with complete attention.

A deposition can help attorneys obtain a detailed background on the doctor's qualifications in relation to his or their education, training and experience. This information is essential to proving the doctor breached your standard of care and caused you injury. Physicians who have been educated in the area will often be able to prove they have experience performing specific procedures and techniques that could be relevant to your particular medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates a legal process of disclosure, referred to as discovery where you and your doctor's team collaborate to collect evidence to support your case. This usually includes medical records and expert witness testimony.

To prove malpractice you must prove that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standard of care. The attorneys for your doctor will present defenses that contradict the evidence that your attorney has presented.

Despite the legend that doctors are a target for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts typically reflect reasonable judgments about the extent of negligence and damages, and juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.