How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This includes attorney time, court fees expert witness fees, and other expenses.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission can give rise to a medical malpractice claim. The injured party can seek compensation for economic losses, like future or past medical bills and also non-economic damages, such as pain and discomfort.

Complaint

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

That a hospital or doctor had a duty to act in accordance with the applicable standard of care. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury, but it has to be proved that the breach directly caused the injury and was the main cause of the injury.

It is usually required to file a complaint with a medical board in the state to protect the rights of the patient and to ensure that the doctor does not commit further malpractice. However, filing a report does not initiate an action, and is often only a first step in getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice lawyer prior to filing any report or 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 lawyer appointed by the court for the plaintiff will then look over the documents and, if it is found that there is an issue with malpractice then they will submit a complaint and 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 submitting requests for evidence such as hospital invoices and notes from the clinic, lawsuit and then taking the defendant physician's deposition where lawyers question the defendant about his or his knowledge of the case under oath.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a medical negligence claim at trial. This includes the existence of a duty on the physician's part to provide pevely medical malpractice lawyer care and treatment to patients; the physician's infraction 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 death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are entitled to request and receive evidence relevant to the case. This includes medical records prior to and after an incident of alleged negligence, information on experts and tax returns, copies of the tax return or other documentation related to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact information of any witnesses who will be testifying at trial.

Most states have a statute of limitations that allows injured patients only the time period of a certain amount of years after an injury or medical mistake to bring a lawsuit. These time limits are determined by state laws and are subject to a law known as the "discovery rules."

In order to win a medical negligence lawsuit, the patient has to prove that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings which take place in the presence of a court reporter who records the questions as well and lawsuit the answers. The deposition is an element of the discovery process, which is about gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is deposed to testify, he or she must answer all questions truthfully under the oath. Usually, the physician is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial stage of the process and requires the full attention and focus of the doctor.

A deposition is a fantastic opportunity for lawyers to gather details about the doctor, including his or their education, training, and experience. This information is crucial to prove that the doctor did not meet your standards of care and caused you harm. Physicians who have been trained in this area often testify they have extensive experience with specific procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. This begins a legal process of disclosure known as discovery where you and the doctor's team collaborate to collect evidence to prove your case. This evidence typically includes medical records as well as testimony from expert witnesses.

The objective of proving that you have committed a malpractice is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor acted according to the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence shows that jury verdicts reflect fair estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled prior to trial.