How to File a Medical Malpractice Lawsuit

Many medical malpractice lawyers malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes doctor hours and work product as well as attorney time, court costs as well as expert witness fees and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or committed an error or failed to act. The injured party may be able to seek compensation damages, which could include actual economic losses, such as past and future medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires a solid evidence to succeed. The person who was injured or their lawyer if the patient has died must show each of these legal elements:

That a hospital or doctor had a duty to perform its duties in accordance with the standard of care applicable. The defendant violated this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care cannot necessarily cause injury. It must be proved that it caused the injury directly and was the primary cause for the injury.

It is usually required to file a complaint with a state medical body to protect the rights of the patient and ensure that the doctor doesn't commit further mistakes. However, filing a complaint does not initiate the process of a lawsuit, and is typically just a beginning step in moving the malpractice claim. It is usually recommended to consult with a Syracuse lawyer for malpractice before making a report or other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal procedure. A court-appointed lawyer for the plaintiff will then review these documents and, if they believe that there may be an incident of malpractice the lawyer will file a complaint and affidavit with the court describing the medical error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents like hospital billing or clinic notes, and taking depositions of the defendant physician. Attorneys will then ask the defendant under oath as to his or her knowledge of the case.

The attorney for the plaintiff will use this evidence to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice lawyer malpractice claim include the existence of an obligation on the part of the physician to provide treatment and care to patients, the physician's infraction of this obligation, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the discovery process both sides are able to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of negligence, information about experts and tax returns or other documents relating to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will testify during the trial.

Most states have a statute-of limitations that limits the length of time that a patient is allowed to pursue a lawsuit after being injured due to an error made by a doctor. These time limits are typically determined by the law of the state and they are subject to rules called the "discovery rule."

To win a medical negligence case, an injured patient must show that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions that take place in the presence a court reporter, who will record the questions as as the answers. Depositions are a part of the process of discovery in which the parties collect evidence to be used in the trial.

Attorneys are able to ask a series of questions to witnesses, which are usually doctors. If a doctor is deposed to testify, he or she must answer all questions truthfully under the oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by a different attorney. This is a crucial phase of the trial and requires the full attention and focus of the doctor.

A deposition can help attorneys gain a thorough understanding of the doctor's background in terms of his or her education, training and experience. This information is essential to prove that the doctor did not meet your standard of care and caused you harm. Physicians who have received training in this area often declare that they have experience with certain procedures and techniques that may be relevant to your particular Medical Malpractice attorney malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This is the beginning of 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. The evidence typically comprises medical records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your doctor followed the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts tend to reflect reasonable evaluations of damages and negligence and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.