How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in many medical malpractice lawsuits. This investment includes attorney time and court costs as well as expert witness fees and other costs.

A medical malpractice claim can be filed when a healthcare professional is negligent, has committed misconduct or committed an error or failed to act. Injury victims can seek compensation for economic losses, including future or past medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to succeed. The patient who has been injured (or their attorney if they have died) must prove each of the following legal aspects of the claim:

The hospital or doctor had a responsibility to act in accordance with the applicable standard of care. The defendant breached this duty. 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 itself does not cause injury, but it has to be proven that the breach directly caused the injury and was the direct cause of the injury.

In order to protect a patient's rights, and to ensure that a physician is not committing further wrongdoing, it's necessary to file a claim with the state medical malpractice attorney board. However, filing a complaint does not initiate an action and is usually only a first step in moving the malpractice claim. It is recommended to talk with an Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process, a summons or claim form is filed with the court and handed to the defendant doctor. A court-appointed lawyer for the plaintiff will review the documents and, if it appears that there is a case of malpractice then they will file a complaint along with an affidavit before the court describing the medical error that is claimed to be the cause.

The next step is to obtain evidence by pretrial disclosure. This involves making requests for evidence such as hospital bills and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath as to their knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical negligence at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the doctor's infraction of this obligation as well as a causal connection between the breach and the injury or death of the patient and enough damages to warrant a monetary award.

Discovery

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

There are many states with a statute of limitations that limit the period that a patient must claim compensation after suffering injuries due to medical malpractice attorneys error. Those time limits are usually set by law of the state, and are subject to rules known as the "discovery rule."

In order to win a medical negligence lawsuit, an injured patient must prove that the negligence of a doctor caused a specific injury like physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for Medical Malpractice Attorneys their injuries or death.

Deposition

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

Attorneys may ask a series of questions to witnesses, mostly doctors. When a doctor is questioned they must answer all questions truthfully under the oath. Usually, the physician is first asked questions by an attorney before being cross examined by another attorney. This is a crucial phase in the case, and Medical Malpractice Attorneys the physician must pay attention to it with all their heart.

A deposition is an excellent way for attorneys to get details about the doctor, including his or his education, training and experience. This information is critical to prove that the doctor did not meet the standards of care in your case and that the breach resulted in injury. For example, physicians who have trained in the field of malpractice cases typically will testify that they have vast experience in performing certain procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer files a complaint and summons with the appropriate court. This initiates a legal process of disclosure known as discovery where you and the doctor's team work together to gather information to prove your case. This evidence usually includes medical records as well as expert witness testimony.

The goal of proving negligence is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyer will present defenses that go against the evidence presented to you by your lawyer.

Despite the myth that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical about excessive damage awards. The majority of malpractice cases settle before trial.