How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in numerous medical malpractice lawsuits. This includes attorney time court fees as well as expert witness fees and other costs.

An injury caused by a healthcare professional's negligence, misconduct, error or omission can lead 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, and noneconomic loss such as pain and suffering.

Complaint

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

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

To ensure a patient's rights, and to ensure that a physician doesn't commit any further errors, it is required to file a complaint with the state medical board. A report is not a lawsuit but it could be a good first step in starting the malpractice claim. It is recommended to talk with a 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 then delivered to the defendant doctor. A lawyer appointed by the court will review these documents. If it appears there could be a malpractice claim, the lawyer will file an affidavit and a complaint with the court, describing the suspected mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing information and notes from the clinic, and then taking the defendant physician's deposition in which attorneys ask the defendant on his or his knowledge of the situation under the oath.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's failure to fulfill this duty and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical malpractice attorneys records before and after the incident of alleged malpractice, information about expert witnesses and tax returns, copies or other documentation that pertains to the out-of-pocket expenses that the plaintiff claims were incurred, along with the names and contact details for any witnesses who will be present at trial.

The majority of states have a statute of limitations that limit the amount of time a patient can sue after being injured by an error in medical care. Those time limits are usually set by law of the state, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that a doctor's negligence caused harm to a specific person for example, physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question-and-answer sessions which take place in the presence a court reporter, who takes notes of the questions as well and the answers. The deposition is an element of the process of discovery in which parties collect information to use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a set of questions. When a doctor is questioned and asked to answer questions in an honest and open manner under oath. Usually the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial step in the trial and the doctor must focus on it with complete attention.

A deposition is a fantastic way for attorneys to obtain an in-depth background on the doctor, including their education, training, and experience. This information is crucial in proving the doctor breached your standard of care and caused injury. Doctors who have been trained in this area often declare that they have experience with certain procedures and techniques that could be relevant to your particular medical malpractice attorney malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins a legal process of disclosure called discovery, where you and the doctor's team collaborate to collect evidence to prove your case. The evidence typically includes medical records and testimony of an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your physician acted according to the standards of care. The lawyers for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are targets for frivolous malpractice claims, 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 overinflated damages awards. The majority of malpractice cases settle prior to trial.