How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in many medical malpractice lawsuits. This includes doctor hours and work product, attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed if a healthcare professional is negligent, has committed misconduct, made an error, or failed to take action. Injury victims may seek compensatory damages, including the actual economic losses such as future and past medical bills, as well as noneconomic losses such as pain and suffering.

Complaint

A Medical Malpractice attorneys malpractice suit has many moving parts and requires credible evidence to succeed. The person who was injured (or their attorney if they've died) must show each of these legal elements of the claim:

That a hospital or doctor had a responsibility to act according to the standards of care in force. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury; it must be proved that the breach directly caused the injury and was the proximate cause of the injury.

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

Summons

As part of the legal process, a summons or claim form is filed with the court and delivered to the defendant doctor. A court-appointed lawyer for the plaintiff will then go over these documents and, if it appears that there may be an instance of malpractice and they submit a complaint and an affidavit to the court detailing the medical error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records and notes from the clinic, and then taking the defendant's deposition in which attorneys ask the defendant on his or her knowledge of the case under an oath.

This information will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical negligence in the course of trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide treatment and care to patients, the physician's violation of this duty and a causal connection between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records prior to and after an incident of negligence, information on experts as well as copies of tax returns or other documents related to out-of pocket expenses that the plaintiff claims to have incurred, and the names and contact details of any witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that allows injured patients only some time after a medical mishap to bring a lawsuit. The length of time is typically determined by the law of the state and they are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit the injured person must prove that a physician's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of the court reporter who takes notes of both the questions and answers. Depositions are a part of the discovery process through which parties collect information to use in a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is interrogated, they must answer all questions honestly under the oath. Usually, the physician is questioned questions by one attorney, and later cross-examined by a second attorney. This is a crucial phase of the trial and requires the full attention and focus of the physician.

A deposition is a great way for attorneys to get an extensive background on the doctor, including the doctor's education, training and experience. This information is crucial to showing that the doctor violated the standard of care in your case and that the breach caused you harm. Physicians who have received training in the area will often declare that they have knowledge of certain procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This starts a legal disclosure process called discovery. You and your doctor's team will work together in order to gather evidence that can prove your case. This usually includes medical records as well as testimony from experts.

To prove that you committed a crime it is essential to establish that the doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented to you by your lawyer.

Despite the myth that doctors are the target of frivolous claims of malpractice, decades of empirical evidence demonstrate that jury verdicts are based on reasonable assessments of damages and negligence, and that juries are skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.