How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in numerous medical malpractice lawsuits. This investment includes physician hours and work product as well as attorney time, court costs and expert witness fees and many other costs.

A medical malpractice case can be filed if a healthcare professional is negligent or has committed misconduct or committed an error or failed to take action. The injured party may be able to seek compensation damages, which include economic loss, such as the past and future medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

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

The defendant breached that obligation. The defendant violated that duty. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself is not a cause of injury; however, it must be proved that the breach directly caused the injury and was the primary cause of the injury.

It is often necessary to file a complaint to a state medical board to protect patients' rights and ensure that the doctor doesn't engage in further mistakes. A report is not a lawsuit, but it could be a good first step in initiating the malpractice lawsuit. It is best to consult a Syracuse malpractice attorney before filing any report or document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court will look over these documents. If it appears there could be a malpractice claim the lawyer is required to file an affidavit and a complaint with the court, detailing the suspected error.

The next step is to obtain evidence by pretrial disclosure. This includes filing requests for documents such as hospital bills or clinic notes, and taking depositions of the defendant's doctor. Attorneys then will question the defendant under oath regarding his or her knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim during trial. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the doctor's breach of this duty an causal connection between the breach and the patient's injury 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 discovery phase where both parties are permitted to request any evidence relevant to their case. This includes medical malpractice law firm records from prior to and after an incident of alleged negligence, details about experts, copies of 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 are expected to testify at trial.

There are many states with a statute of limitations that restricts the period that a patient must pursue a lawsuit after being injured due to Medical malpractice Attorneys error. The length of time is typically determined by state law, and are subject to rules referred to as the "discovery rule."

To win a medical negligence case, an injured patient must prove that the doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who records both the questions as well as the answers. Depositions are part of the discovery process through which the parties collect evidence to use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a series of questions. If a doctor is interrogated they must answer all questions truthfully under oath. Usually, the physician is questioned questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial phase in the case and the physician must focus on it with complete attention.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to convincing the court that the doctor did not adhere to the standard of care you expect and caused you injury. For example, physicians who have received training in the field of malpractice cases will typically affirm that they have extensive experience in performing certain procedures and methods that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This begins a legal disclosure process called discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This evidence usually includes medical records and expert witness testimony.

To prove that you committed a crime it is essential to establish that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are the target of frivolous claims of malpractice Evidence from decades shows that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.