How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This can include physician hours and work product as well as attorney time, court costs as well as expert witness fees and many other costs.

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

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to be successful. The patient who has been injured or their attorney should the patient die must show each of these legal elements:

The defendant breached the duty. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot necessarily cause injury. It must be proved that it caused the injury directly and was the proximate reason for the injury.

It is typically required to file a complaint with a state new providence medical malpractice law firm board in order to protect the rights of the patient and ensure that the doctor does not commit additional malpractice. A report is not a lawsuit, but it can be a good first step in initiating the malpractice lawsuit. It is advisable to speak with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will look over the documents. If it appears there may be a malpractice case and the lawyer files an affidavit as well as a complaint with the court, describing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation like hospital billing and clinic notes, and taking depositions of the defendant's doctor. Attorneys will then question the defendant on oath about his or her knowledge regarding the case.

The information provided will be used by the lawyer for the plaintiff to prove the elements of a medical malpractice claim at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documents relating to out-of-pocket expenses that the plaintiff claims to have caused, and the names and contact information of witnesses who will be testifying in the trial.

Most states have a statute-of-limitations that limit the amount of time a patient can claim compensation after suffering injuries due to butte silver bow medical malpractice law firm error. These time limits are typically determined by the law of the state and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice case the injured person must prove that a doctor's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in the presence a court reporter, who records the questions as well and the answers. Depositions are a part of the discovery process, in which parties gather information to be used in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. When a doctor is deposed and asked to answer questions truthfully under oath. Usually the physician is asked questions by one attorney and later cross-examined by a second attorney. This is a crucial phase in the case and the physician has to give it their full attention.

A deposition can help attorneys gain a thorough understanding of the doctor's background in terms of his or his education, training, and experience. This information is critical to prove that the doctor did not meet the standard of care in your particular case and that the breach directly caused injury to you. Physicians who have been trained in this field will typically affirm that they have years of experience in performing certain procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates a legal process of disclosure called discovery, where you and your physician's team collaborate to collect information to prove your case. This usually includes medical records and testimony of an expert witness.

The goal of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your physician acted according to the standards of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented by your attorney.

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