How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by a healthcare professional's negligence, mistake, or omission can result in medical malpractice claims. 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 losses such as pain and suffering.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to succeed. The patient who has been injured (or their attorney if they've died) must show each of these legal elements of the claim:

The defendant breached that duty. The defendant violated this duty. The breach directly caused injury to plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care does not cause an injury, but it must be proven that the breach directly caused the injury and was the main cause of the injury.

To protect a patient's rights, and to ensure that a physician doesn't commit any further mistakes, it is essential to file a report with the state medical malpractice law firms board. A report is not a lawsuit but it can be an effective first step towards initiating the malpractice lawsuit. It is best to consult an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and then handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will go through the documents. If it appears that there could be a malpractice claim the lawyer is required to file an affidavit as well as a complaint with the court, describing the claimed mistake.

The next step is to gather evidence by pretrial disclosure. This involves submitting documents like hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or his knowledge of the case under an oath.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice case in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the physician's breach of this duty and a causal link between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records from prior to and after an incident of alleged negligence, information about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims have been attributable to them, and the names and contact information of any witnesses who will be testifying during the trial.

The majority of states have a statute of limitations that permits injured patients a certain number of years after a medical mishap to pursue a lawsuit. The time limit is usually set by law of the state, and they are subject to rules called the "discovery rule."

In order to win a medical malpractice law firm negligence lawsuit, an injured patient must prove that the negligence of a doctor caused specific harm, like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of an official court reporter who records both the questions and answers. Depositions are part of the discovery process, in which parties collect information to use in a trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. When a doctor is deposed and asked to answer questions in an honest and open manner under an oath. Typically, the doctor is first interrogated by an attorney, and then interviewed by another attorney. This is an important stage of the trial and requires the full attention and focus of the physician.

A deposition is a way for attorneys to obtain a detailed background on the doctor's background in terms of his or his education, training, and experience. This information is crucial in convincing the court that the doctor did not adhere to the standard of care you expect and caused you harm. For example, physicians who have trained in the field of malpractice cases generally declare that they have a vast experience in the execution of certain procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the appropriate court. This starts the legal disclosure process known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This typically consists of medical records and the testimony of expert witnesses.

To prove that you committed a crime you must prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented to you by your attorney.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence confirm that jury verdicts are based on reasonable judgments of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.