How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest a lot of time and money in numerous medical malpractice lawsuits. This investment includes attorney time court fees expert witness fees, court costs and other costs.

An injury caused by medical professional's negligence, mistake, or omission can give rise to a medical malpractice claim. The injured party can seek compensation for financial losses, such as future or past medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to prevail. The injured person, or their attorney when the patient has passed away, must show each of these legal elements:

The defendant breached that duty. The defendant violated that obligation. The breach directly caused injury to plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care does not cause an injury, but it must be proven that the breach directly caused the injury and was the primary cause of the injury.

To safeguard the rights of a patient, and to ensure that a doctor does not continue to commit mistakes, it is essential to file a complaint with the state medical board. A report is not a lawsuit but it can be an effective first step towards starting the malpractice claim. It is recommended to consult a Syracuse malpractice lawyer before filing a report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer for the plaintiff appointed by the court will examine the documents. If it appears there could be a malpractice claim the lawyer will file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation including hospital billing and notes from clinics, and taking depositions of the defendant's physician. Attorneys will then ask the defendant under oath as to the details of the case.

The attorney for the plaintiff will use this information to demonstrate the elements of a medical negligence claim at trial. The elements of a medical malpractice Attorney malpractice claim include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's infraction of this obligation as well as a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from before and after an incident of alleged negligence, information about experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of witnesses who will be appearing during the trial.

The majority of states have a statute of limitation which allows injured patients a certain number of years after a medical mishap to file a lawsuit. Those time limits are usually determined by the law of the state and are subject to rules referred to as the "discovery rule."

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

Deposition

Depositions are sessions of question and answer that take place in the presence a court reporter, who is able to record the questions as and the answers. The deposition is part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions allow attorneys to question witnesses, often doctors, a series of questions. When a physician is deposed and asked to answer questions in a straight and honest manner under the oath. Typically, the doctor is first questioned by an attorney before being interviewed by another attorney. This is a crucial stage of the case that requires the full concentration and attention of the physician.

A deposition is a great opportunity for lawyers to gather a detailed background of the doctor, including the doctor's education, training and experience. This information is crucial to showing that the doctor violated your standard of care and that this breach caused you injury. For example, physicians who have been trained in the field of malpractice cases will typically be able to prove that they have a lot of experience in the execution of specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. Your doctor and your team will work together to gather evidence to prove your case. This usually includes medical records as well as testimony from experts.

The purpose of proving malpractice is to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standards of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims, years of empirical research has shown that jury verdicts typically reflect fair judgments about the extent of negligence and damages and juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled before trial.