How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must spend a significant amount of time and money in a variety of medical malpractice lawsuits. This investment covers physician time and work product as well as attorney time, court costs as well as expert witness fees and many other costs.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has committed misconduct or erred, or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss, such as the future and past medical bills, as well as noneconomic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be able to prevail. The injured patient or their attorney in the event that the patient has passed away, must demonstrate each of these legal elements:

That a doctor or hospital was required to perform its duties in accordance with the standards of care in force. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care doesn't in itself cause injury. It must be demonstrated that it caused the injury directly and was the primary reason for the injury.

It is sometimes necessary to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor does not engage in further malpractice. However, filing a report does not initiate an action, and is often just a beginning step in moving the malpractice claim. It is usually recommended to speak with a Syracuse attorney for malpractice prior to filing a report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer for the plaintiff appointed by the court will review the documents. If it is determined that there is a malpractice issue the lawyer will file an affidavit as well as a complaint with the court, detailing the suspected mistake.

The next step is obtaining evidence through pretrial disclosure. This involves submitting documents like hospital billing information and notes from the clinic, and then taking the defendant's deposition, where attorneys question the defendant on his or his knowledge of the case under the oath.

This information will be used by the plaintiff's lawyer to prove elements of an action for medical malpractice lawyer malpractice at trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty causality between the breach and the patient's injury or death; and a sufficient amount of damages that result from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records prior to and after the incident of suspected malpractice, information on expert witnesses and tax returns, copies or other documents relating to out-of-pocket expenses the plaintiff claims were incurred, and the names and contact details for witnesses who are expected to testify at trial.

The majority of states have a statute of limitations that allows injured patients only the time period of a certain amount of years after an injury or medical mistake to bring a lawsuit. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured must demonstrate that the negligence of the doctor caused 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 which take place in the presence a court reporter, who will record the questions as with the answers. The deposition is a part of the discovery process through which parties gather information to use in a trial.

Depositions allow attorneys to question witnesses, often doctors to answer a series of questions. If a physician is interrogated by a lawyer, the doctor must answer all questions truthfully under the oath. Typically, the doctor is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is a crucial phase in the trial and the physician has to focus on it with complete attention.

Depositions allow lawyers to gather a full background of the doctor's background in terms of his or her education, training and experience. This information is crucial for proving the doctor breached your standards of care and that this breach caused you injury. Physicians who have been trained in this field will typically testify they have extensive knowledge of certain procedures and techniques that could be relevant to your particular medical malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the court of your choice. This begins a legal process of disclosure, referred to as discovery where you and your physician's team collaborate to collect information to prove your case. This evidence usually comprises medical Malpractice Attorneys records and expert witness testimony.

The goal of proving malpractice is to establish that the actions of your doctor fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous malpractice claims, decades of empirical research shows that jury verdicts usually reflect reasonable assessments of negligence and damages and juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.