How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in many medical malpractice lawsuits. This investment includes physician hours and work product as well as attorney time court costs as well as expert witness fees and many other costs.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent, has committed misconduct or committed a mistake or failed to act. The injured party can seek compensation for economic losses, such as past or future medical bills and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to prevail. The injured person, or their attorney if the patient has died, must demonstrate each of these legal elements:

A hospital or doctor was bound to perform its duties in accordance with the standard of care applicable. The defendant violated that duty. The breach directly caused injury to plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be proved that the breach directly caused the injury and was the main cause of the injury.

To protect the rights of a patient, and to ensure that a doctor does not continue to commit errors, it is required to file a report with the state medical board. But, filing a report does not initiate the process of a lawsuit, and is typically just a first step to moving the malpractice claim. It is recommended to consult with a Syracuse malpractice lawyer before filing a report or any other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will then review these documents and, if it is found that there may be an incident of malpractice then they will file a complaint and affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation including hospital billing and clinic notes, as well as taking the deposition of the defendant physician. Attorneys then will question the defendant under oath about their knowledge of the case.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical negligence claim during trial. These include the existence of a duty on the doctor's part to provide medical malpractice lawyers care and treatment to patients; the physician's infraction of this duty a causal relationship between the breach and the patient's death or injury and a sufficient amount of damages resulting from the injury or death to be able to justify a monetary compensation.

Discovery

During the discovery process both sides are entitled to seek and receive evidence pertinent to the case. This includes medical malpractice attorneys records before and after the mishaps, information about experts and tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred, and also the names and contact information for any witnesses who be present at trial.

Most states have a statute-of limitations that limits the length of time that a patient is allowed to seek compensation for injuries caused by a medical mistake. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

In order to win a medical negligence lawsuit, the injured patient has to prove that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in front of a court reporter who records both the questions and answers. The deposition is part of the discovery process, which consists of gathering information that can be used in the trial.

Depositions allow attorneys to question witnesses, often doctors for a series of questions. When a doctor is deposed they must answer all questions in a straight and honest manner under oath. Usually, the physician is initially questioned by an attorney and later interrogated by a different attorney. This is an important stage of the case and requires the full attention and focus of the physician.

Depositions allow lawyers to obtain a detailed background on the doctor in terms of his or their education, training and experience. This information is crucial for convincing the court that the doctor did not adhere to the standard of care you expect and caused injury. For example, physicians who have completed training in the field of malpractice cases will typically be able to prove that they have a lot of knowledge of certain procedures and practices that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the court of your choice. This triggers a legal procedure of disclosure, referred to as discovery which is where you and your doctor's team work together to gather information to prove your case. This typically consists of medical records as well as testimony from experts.

The purpose of proving malpractice is to establish that the actions of your doctor fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your physician acted according to the standard of care. Your doctor's lawyers will argue arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice the decades of evidence shows that jury verdicts reflect fair judgments of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle before trial.