How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in numerous medical malpractice lawsuits. This can include physician hours and work product, attorney time court costs and expert witness fees and countless other expenses.

A traumatic injury caused by medical professional's negligence, mistakes, or error can result in medical malpractice claims. Injury victims can seek compensation for economic losses, such as past or future medical malpractice attorneys bills as well as non-monetary damages, like discomfort and pain.

Complaint

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

The hospital or doctor had a duty to perform its duties in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care does not cause an injury; however, it must be shown that the breach directly caused the injury and was the main cause of the injury.

It is sometimes necessary to file a complaint with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor doesn't engage in further malpractice. However, filing a report is not a way to start an action and is usually just a step towards moving the malpractice claim. It is recommended to consult an Syracuse malpractice lawyer before filing a report or other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for plaintiff will then look over the documents and, if they believe that there could be an incident of malpractice then they will file an affidavit and complaint to the court detailing the alleged medical error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting requests for documentation such as hospital billing information and notes from the clinic, and then taking the defendant physician's deposition during which lawyers ask the defendant on his or his knowledge of the case under the oath.

The information provided will be used by the attorney representing the plaintiff to prove elements of a medical malpractice claim during trial. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's breach of this duty a causal relationship between the breach and the patient's death or injury and a substantial amount of damages resulting from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records prior to and following the suspected malpractice, information on expert witnesses and tax returns or other documentation related to out-of-pocket expenses the plaintiff claims were incurred along with the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute of limitations that permits injured patients some time after an injury or medical mistake to bring a lawsuit. These time limits are determined by the laws of the state and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit an injured victim must prove that a physician's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of a court reporter who records both the questions and the answers. Depositions are part of the discovery process, in which parties gather information to use in a trial.

Attorneys can ask a series questions to witnesses, usually doctors. If a physician is interrogated to testify, he or she must answer all questions honestly under an oath. Usually, the physician is first interrogated by an attorney, and then cross examined by another attorney. This is a crucial step in the trial, and the physician must focus on it with complete attention.

A deposition can help attorneys gather a full background of the doctor in terms of his or her education, training and experience. This information is essential for prove that the doctor did not meet the standard of care in your situation and that the breach caused you injury. Physicians who have received training in the area will often affirm that they have years of experience with specific procedures and techniques that may be relevant to an individual medical malpractice attorneys malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. The process begins with a legal requirement of disclosure called discovery, where you and your doctor's team collaborate to collect evidence to support your case. This usually includes medical records and expert witness testimony.

The objective of proving that you have committed a malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your lawyer.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice the decades of evidence demonstrate that jury verdicts reflect reasonable judgments of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled before trial.