How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This includes doctor hours and work product, attorney time, court costs, expert witness fees, and many other costs.

An injury caused by medical professional's negligence, incompetence, error or omission can result in medical malpractice claims. The injured party may be able to seek compensation damages, including the actual economic loss, such as the past and future medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim to be able to prevail. The patient who has been injured or their attorney, if the patient has died, must demonstrate each of these legal elements:

The hospital or doctor had a duty to follow the standards of care in force. The defendant did not fulfill that duty. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care will not necessarily cause injury. It must be proven that it caused the injury directly and was the primary cause for the injury.

It is typically necessary to file a claim with a state medical board to protect the patient's rights and ensure that the doctor doesn't engage in further errors. However, filing a report is not the start of an action and is usually only a first step in getting the malpractice claim moving. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process, an order or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court for the plaintiff will review the documents and, if it is found that there is a case of malpractice the lawyer will file a complaint along with an affidavit with the court, describing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records as well as notes from clinics and taking the deposition of the defendant's physician, where attorneys question the defendant on his or her knowledge of the case under oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of a medical malpractice claim in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide treatment and care to patients, the doctor's failure to fulfill this duty as well as a causal connection between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records from prior to and after an incident of alleged negligence, details about experts as well as copies of tax returns or other documents relating to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact details of any witnesses who will testify in the trial.

Most states have a statute of limitations that allows injured patients only some time after a medical malpractice attorneys error to make a claim. The length of time is determined by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, the patient must show that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions and the responses. The deposition is part of the discovery process, which is about gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. If a physician is interrogated, he or she must answer the questions truthfully under the oath. Usually, the physician is first questioned by an attorney before being interrogated by a different attorney. This is a crucial step in the case, and the physician must give it their full attention.

A deposition can help attorneys get a complete background on the doctor in terms of his or her education, training and experience. This information is critical to establish that the doctor violated the standards of care in your case and that the breach resulted in injury. Doctors who have been trained in the area will often affirm that they have years of experience performing certain procedures and techniques that could be relevant to a particular medical-malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. The process begins with a legal requirement of disclosure, also known as discovery, where you and the doctor's team work together to gather evidence to support your case. This usually includes medical records and testimony from expert witnesses.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented to you by your attorney.

Despite the belief that doctors are targets for frivolous claims of malpractice Evidence from decades show that jury verdicts reflect reasonable assessments of damages and negligence and that juries are skeptical of excessive award amounts. The majority of malpractice cases settle before trial.