How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by an healthcare professional's negligence, misconduct, error or omission can result in a medical malpractice claim. Injury victims may seek compensatory damages, which could include actual economic loss such as future and past salamanca medical malpractice law firm bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The person who was injured or their attorney if the patient has died must demonstrate each of these legal elements:

The defendant did not fulfill that obligation. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself doesn't cause injury; however, it must be proven that the breach directly caused the injury and was the main cause of the injury.

In order to protect the rights of a patient, and to ensure that a doctor does not commit further malpractice, it is necessary to file a report with the state medical board. However, filing a claim does not initiate a lawsuit and is often just a first step to getting the malpractice claim moving. It is often best to speak with a Syracuse malpractice lawyer before making a report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if they believe that there is a case of malpractice then they will file a complaint and affidavit to the court detailing the medical error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and clinic notes, and taking the deposition of the defendant's physician. Attorneys will then inquire with the defendant on oath about their knowledge of the case.

This information will be used by the plaintiff's lawyer to prove the elements of a claim for medical negligence during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide treatment and care to patients, the doctor's violation of this duty, a causal link between the breach and the injury or death of the patient and the amount of damages to warrant a monetary compensation 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 after an incident of alleged negligence, information about experts and tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact information of any witnesses who will testify in the trial.

Most states have a statute-of-limitations which limits the amount of time a patient has to seek compensation for injuries caused by an error in medical care. These time limits are determined by the laws of the state and are subject to a regulation known as the "discovery rules."

In order to win a machesney park medical malpractice law firm malpractice claim, an injured patient must prove that a physician's negligence caused harm to a specific person for example, 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 essentially question-and-answer meetings that are conducted in the presence a court reporter, who takes notes of the questions as well with the answers. Depositions are a part of the process of discovery in which parties collect information to use in a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. If a doctor is deposed to testify, he or she must answer all questions truthfully under the oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is an essential stage of the trial and requires the full attention and focus of the doctor.

A deposition is a great way for attorneys to obtain details about the doctor, including his or her training, education and experience. This information is crucial for showing that the doctor violated your standards of care and caused you injury. For example, physicians who have trained in the field of malpractice cases generally testify that they have vast experience performing certain procedures and methods that may be relevant to a specific San bruno medical malpractice law firm malpractice claim.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the appropriate court. This triggers a legal procedure of disclosure known as discovery where you and your physician's team collaborate to collect evidence to prove your case. This usually includes medical records and the testimony of experts.

To prove malpractice, you must establish that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyers will present arguments that do not agree with the evidence provided by your attorney.

Despite the legend that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts typically reflect reasonable evaluations of damages and negligence, and juries are skeptical of overinflated damages awards. The majority of malpractice cases settle prior to trial.