How to File a Medical Malpractice Lawsuit

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

An injury caused by the negligence of a healthcare professional's incompetence, error or omission can give rise to a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic loss such as past and future medical bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires reliable evidence to prevail. The injured party (or their attorney if they've died) must demonstrate each of the following legal elements of the claim:

A hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not directly cause injury. It must be demonstrated that it caused the injury directly and was the proximate reason for the injury.

It is usually necessary to file a claim with a state Medical malpractice attorneys body in order to safeguard patients' rights and ensure that the doctor doesn't commit further negligence. A report is not a lawsuit, but it can be a good first step in beginning the process of bringing a malpractice claim. It is recommended to speak with an Syracuse malpractice attorney before filing any report or other 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 plaintiff's lawyer who is appointed by the court will go through these documents. If it is determined that there is a malpractice issue, the lawyer will file an affidavit and complaint with the court, describing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records 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 an oath.

The attorney for the plaintiff will use this evidence to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide treatment and care to patients, the doctor's failure to fulfill this duty as well as a causal connection between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are allowed to request and receive evidence relevant to the case. This includes medical malpractice attorneys records from prior to and after an incident of alleged negligence, information on experts as well as copies of tax returns or other documents related to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will testify during the trial.

The majority of states have a statute of limitations that limits the amount of time a patient can seek compensation for injuries caused by an error in medical care. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, the patient must prove that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions which take place in the presence of a court reporter who is able to record the questions as as the answers. Depositions are part of the discovery process through which the parties collect evidence to be used in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a doctor is deposed and questioned, they must answer all questions in an honest and open manner under an oath. Usually, the physician is first questioned by an attorney, and then the attorney is cross-examined by another attorney. This is a crucial phase in the trial, and the physician must be attentive to the case.

Depositions allow lawyers to gain a thorough understanding of the doctor's qualifications in relation to his or her education, training and experience. This information is essential for establish that the doctor violated the standards of care in your case and that the breach caused you harm. For instance, doctors who have received training in the area 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 particular medical-malpractice claim.

Trial

A civil court is formally launched when your lawyer lodges a complaint and a summons with the appropriate court. This initiates the process of legal disclosure, also known as discovery. You and your doctor's team will work together to gather evidence to prove your case. This evidence typically includes medical malpractice attorney records and the testimony of expert witnesses.

To prove that you committed a crime it is essential to establish that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts typically reflect fair evaluations of damages and negligence and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases settle before trial.