How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This investment includes physician hours and work product as well as attorney time court costs, expert witness fees, and many other costs.

A traumatic injury caused by an healthcare professional's negligence, mistake, or omission can lead to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic losses such as future and past medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The patient who has been injured or their lawyer in the event that the patient has passed away must demonstrate each of these legal elements:

The defendant breached that obligation. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury, but it has to be shown that the breach directly caused the injury and was the proximate cause of the injury.

In order to protect the rights of a patient and to ensure that a doctor is not committing further malpractice, it is necessary to file a claim with the state medical board. A report is not a lawsuit but it could be a good first step in initiating the malpractice lawsuit. It is recommended to talk with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and handed to the defendant doctor. A lawyer appointed by the court for the plaintiff will review the documents and, if it is found that there could be an incident of malpractice, they will file a complaint along with an affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves making requests for evidence, such as hospital billing or clinic notes, and taking the deposition of the defendant physician. Attorneys will then inquire with the defendant on oath about his or her knowledge of the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice case during trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's infraction of this duty causality between the breach and the patient's injuries or death and a substantial amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are allowed to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, information about experts and tax returns or other documentation related to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact details of any witnesses who will be appearing in the trial.

The majority of states have a statute of limitation which allows injured patients a certain number of years after a medical malpractice law firm error to pursue a lawsuit. These time limits are typically determined by the law of the state and they are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must demonstrate that the negligence of the doctor caused specific harm, such as physical pain, or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

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

Attorneys may ask a series of questions to witnesses, typically doctors. When a physician is questioned to testify, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial phase of the process and requires the complete concentration and attention of the doctor.

A deposition is a great method for lawyers to obtain a detailed background of the doctor, including his or her training, education and experience. This information is essential to establish that the doctor violated the standards of care in your particular case and that the breach caused you harm. For instance, doctors who have been trained in the area of malpractice cases typically will declare that they have a vast experience in performing certain procedures and practices that may be relevant to a particular medical malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the court of your choice. This is the beginning of the legal disclosure process known as discovery. You and your doctor's team will collaborate to collect evidence to support your case. This evidence usually comprises Medical Malpractice attorneys records and testimony of an expert witness.

The goal of proving negligence is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. Your doctor's lawyers will present arguments that do not agree with the evidence provided by your attorney.

Despite the myth that doctors are the target of unsubstantiated claims of malpractice years of evidence show that jury verdicts are based on reasonable estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled before trial.