How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in a variety of medical malpractice lawsuits. This investment covers physician time and work product and attorney time, court costs, expert witness fees, and countless other expenses.

An injury caused by the negligence of a healthcare professional's incompetence, error or omission can result in a medical malpractice claim. Victims of injury may seek compensation damages, which include economic losses such as future and past medical malpractice lawyers bills as well as non-economic damages like pain and suffering.

Complaint

A medical Malpractice attorneys malpractice suit has many moving parts, and requires evidence that is credible evidence to be successful. The person who was injured (or their attorney if they've passed away) must demonstrate each of the following legal aspects of the claim:

The hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the primary reason for the injury.

To safeguard a patient's rights, and to ensure that a physician doesn't commit any further malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit, but it could be the first step to getting the malpractice claim started. It is recommended to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process, an order or claim form is filed with the court and handed to the defendant doctor. A lawyer appointed by the court will examine these documents. If it appears there may be a malpractice case the lawyer will file an affidavit as well as a complaint with the court, detailing the alleged error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document like hospital billing records as well as notes from clinics and taking the defendant physician's deposition during which lawyers ask the defendant on his or their knowledge of the matter under oath.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery process each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records before and after the incident of suspected malpractice, information on experts as well as copies of tax returns or other documentation related to expenses out of pocket that the plaintiff claims they incurred, and also the names and contact information for any witnesses who testify at trial.

Most states have a statute-of limitations that limits the amount of time a patient can sue after being injured by a medical mistake. The length of time is typically set by law in the state, and they are subject to rules known as the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured has to prove that the negligence of a doctor caused a specific injury like physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence of a court reporter who is able to record the questions as as the answers. The deposition is a part of the process of discovery, which is about gathering information that can be used in the course of a trial.

Attorneys are able to ask a series of questions to witnesses, which are usually doctors. When a physician is questioned to testify, he or she must answer all questions truthfully under an oath. Typically, the doctor is first questioned by an attorney and later interviewed by another attorney. This is a crucial phase in the case and the doctor must focus on it with complete attention.

A deposition allows attorneys to get a complete background on the doctor's background, including his or the training, education and experience. This information is crucial in convincing the court that the doctor did not adhere to your standard of care and that this breach caused you harm. For instance, doctors who have received training in the area of malpractice cases usually be able to prove that they have a lot of experience performing certain procedures and techniques that could be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the appropriate court. This begins a legal process of disclosure known as discovery where you and the doctor's team work together to gather evidence to support your case. The evidence typically includes medical records and testimony of an expert witness.

The goal of proving malpractice is to prove that your doctor's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor followed the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the myth that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect reasonable assessments of negligence and damages and juries are skeptical of overinflated damages awards. The vast majority malpractice cases are settled prior to trial.