How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment includes attorney time and court costs expert witness fees, court costs and other expenses.

A serious injury that is the result of a healthcare professional's negligence, incompetence, error or omission can give rise to Medical Malpractice attorneys malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic losses, such as future and past medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The patient who has been injured (or Medical Malpractice Attorneys their attorney if they've passed away) must demonstrate each of the following legal elements of the claim:

The defendant violated this obligation. The defendant erred in his duty. The breach directly caused injury for the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care doesn't cause injury, but it must be proven that the breach directly caused the injury and was the primary reason for the injury.

To ensure the rights of patients, and to ensure that a physician doesn't commit any further errors, it is required to file a complaint with the state medical board. A report is not a lawsuit, however, it is an excellent first step in initiating the malpractice lawsuit. It is generally recommended to consult with a Syracuse attorney for malpractice prior to filing a report, or any other document.

Summons

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

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for evidence such as hospital billing information and clinic notes and taking the defendant's deposition, where attorneys question the defendant on his or her knowledge of the case under the oath.

This information will be used by the plaintiff's lawyer to prove the elements of an action for medical malpractice in the course of trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide treatment and care to patients, the doctor's failure to fulfill this duty and a causal link between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records before and following the suspected malpractice, information on experts and tax returns or other documentation relating to the out-of-pocket expenses that the plaintiff claims were incurred and the names and contact details of any witnesses who are scheduled to be called to testify in the trial.

Most states have a statute-of limitations which limits the amount of length of time that a patient is allowed to claim compensation after suffering injuries due to medical error. These time limits are typically set by law in the state, and are subject to rules referred to as the "discovery rule."

In order to win a medical negligence lawsuit, the patient must show that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are question and answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and responses. Depositions are a part of the process of discovery in which the parties gather information to be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is questioned and questioned, they must answer each question truthfully under the oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial stage 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, including his or their education, training and experience. This information is crucial in proving the doctor breached the standard of care you expect and resulted in injury to you. For example, physicians who have completed training in the field of malpractice cases will typically affirm that they have extensive experience in performing certain procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This starts the process of legal disclosure known as discovery. Your doctor and your team will work together to gather evidence to prove your case. The evidence usually consists of medical records and testimony from experts.

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 jurors that it is more likely than not your injuries would not have occurred had your doctor acted according to the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your attorney.

Despite folklore suggesting that doctors are targets for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts generally reflect fair judgments about the extent of negligence and damages and juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.