How to File a Medical Malpractice Law Firms Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and lawyers. This investment includes physician hours and work product and attorney time, court costs, expert witness fees, and countless other expenses.

A serious injury that is the result of medical professional's negligence, mistake, or omission can give rise to a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic losses such as past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to win. The patient who has been injured or their attorney in the event that the patient has passed away must prove each of these legal elements:

The defendant violated this duty. That the defendant breached that obligation. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a duty of care cannot necessarily cause injury. It must be proven that it caused the injury directly and was the main reason for the injury.

It is sometimes required to file a complaint with a medical malpractice attorney board in the state to protect the rights of the patient and ensure that the doctor doesn't commit additional negligence. A report is not a lawsuit however, it is a good first step in initiating the malpractice lawsuit. It is often best to speak with a Syracuse malpractice lawyer prior to filing a report, or any other type of document.

Summons

As part of the legal process an order or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears that there may be a malpractice case the lawyer will file an affidavit, along with a complaint to the court, describing the suspected error.

The next step is obtaining evidence by pretrial disclosure. This involves submitting documents such as hospital billing information and notes from the clinic, and then taking the deposition of the defendant's physician during which lawyers ask the defendant about his or his knowledge of the situation under an oath.

The information provided will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide treatment and care to patients, the doctor's breach of this duty and a causal connection between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process, each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, details about experts as well as copies of tax returns or other documents related to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of any witnesses who are expected to testify at trial.

The majority of states have a statute of limitations that limits the time a patient has to claim compensation after suffering injuries due to an error made by a doctor. The time limit is set by the laws of the state and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the patient has to prove that the negligence of a doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are sessions of question and answer that take place in the presence a court reporter, who will record the questions as as the answers. The deposition is part of the discovery process, which consists of gathering information that can be used in the course of a trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a doctor is questioned they must answer all questions truthfully under an oath. Typically, the doctor is first questioned by an attorney and then interviewed by another attorney. This is an essential stage of the case and requires the complete concentration and attention of the physician.

A deposition can help attorneys get a complete background on the doctor's background in terms of his or her education, training and experience. This information is critical to proving that the physician breached the standard of care in your particular case and that the breach directly caused you harm. Doctors who have been trained in the area will often testify they have extensive knowledge of certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This initiates the process of legal disclosure known as discovery. Your doctor and your team will collaborate to gather evidence to prove your case. This usually includes medical records and the testimony of expert witnesses.

To prove malpractice it is essential to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence that your attorney has presented.

Despite the belief that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts typically reflect fair evaluations of damages and negligence, and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.