How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time court fees expert witness fees, and other expenses.

A medical malpractice claim can be filed when a healthcare professional is negligent, has committed misconduct or committed a mistake or failed to act. Victims of injury may seek compensation damages, including actual economic loss, such as the past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit malpractice claim is a complex matter and requires a solid proof of the claim for success. The injured person or their attorney, if the patient has died must demonstrate each of these legal elements:

The defendant breached that duty. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care does not necessarily cause injury. It must be demonstrated that it directly caused the injury and was the primary cause for the injury.

To ensure the rights of patients, and to ensure that a doctor does not continue to commit wrongdoing, it's necessary to file a report with the state medical board. A report is not a lawsuit, but it can be a good first step in getting the malpractice claim started. It is often best to consult an Syracuse attorney for malpractice prior to filing a report or any other document.

Summons

As part of the legal process a summons or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it is found that there is an instance of malpractice the lawyer will file a complaint and affidavit to the court detailing the medical error that is claimed to be the cause.

The next step is to obtain evidence through pretrial disclosure. This involves the submission of requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath about the details of the case.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical negligence claim during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide care and treatments 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 enough damages to warrant a monetary award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records prior to and after the mishaps, information about expert witnesses and tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred as well as the names and contact details of any witnesses who are scheduled to appear at trial.

Most states have a statute of limitation that permits injured patients the time period of a certain amount of years after an injury or medical mistake to pursue a lawsuit. These limitations are set by state laws and are subject to a rule known as the "discovery rules."

In order to win a medical negligence lawsuit, an injured patient must demonstrate that the negligence of the doctor caused specific harm, such as physical pain, or loss of income. They must also prove causation i.e. that negligence caused their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence a court reporter, who takes notes of the questions as well with the answers. The deposition is a part of the discovery process, which consists of gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, usually doctors, a series of questions. When a doctor is deposed and asked to answer questions truthfully under an oath. Usually the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial phase in the trial and the doctor must be attentive to the case.

A deposition is a fantastic way for attorneys to get an in-depth background on the doctor, including his or their education, training, and experience. This information is crucial to prove that the doctor did not meet your standards of care and that this breach resulted in injury to you. Physicians who have received training in this field will typically be able to prove they have experience performing specific procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue a summons. This begins a legal process of disclosure known as discovery where you and your physician's team collaborate to collect evidence to prove your case. This usually comprises medical records and expert witness testimony.

The goal of proving negligence is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your 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 a target for malpractice claims that are frivolous, decades of empirical research shows that jury verdicts tend to reflect reasonable assessments of negligence and damages, and juries are skeptical of inflated damage awards. The majority of malpractice cases are settled before trial.