How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in numerous medical malpractice lawsuits. This includes doctor hours and work product attorneys' time court costs, expert witness fees, and countless other expenses.

An injury resulting from an healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice attorneys malpractice claims. Injury victims can seek compensation for economic losses, such as past or future medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires a solid evidence to succeed. The person who was injured, or their attorney in the event that the patient has passed away, must prove each of these legal elements:

The defendant did not fulfill that duty. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury, but it must be proved that the breach directly caused the injury and was the main reason for the injury.

To protect a patient's rights, and to ensure that a physician does not continue to commit mistakes, it is essential to file a claim with the state medical board. A report is not a lawsuit, but it can be the first step to beginning the process of bringing a malpractice claim. It is recommended to speak with a Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and delivered to the defendant physician. A court-appointed lawyer for the plaintiff will review the documents and, if they believe that there is an instance of malpractice and they file a complaint and affidavit to the court detailing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation like hospital billing or clinic notes, and taking depositions of the defendant physician. Attorneys then will question the defendant under oath regarding his or her knowledge of the case.

The attorney for the plaintiff will use this information to establish the elements of a claim for medical malpractice during trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's injuries or death; and a sufficient 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 pertinent to their case. This includes medical records prior to and following the mishaps, information about expert witnesses as well as copies of tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred along with the names and contact details for any witnesses who be present at trial.

The majority of states have a statute of limitation that permits injured patients an amount of time after a medical error to bring a lawsuit. The time limit is usually determined by the law of the state and are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, the patient must prove that the negligence of a doctor resulted in specific harm such as physical pain, or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence of a court reporter who takes notes of the questions as well and the answers. The deposition is a part of the process of discovery in which parties collect information to be used in a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. If a physician is interrogated and questioned, they must answer all questions truthfully under the oath. Typically, the doctor is first interrogated by an attorney, and then interviewed by another attorney. This is an important stage in the trial and the doctor must be attentive to the case.

A deposition allows attorneys to gain a thorough understanding of the doctor in terms of his or their education, training and experience. This information is essential to establish that the doctor violated the standard of care in your case and that the breach directly caused injury to you. Physicians who have received training in this field will typically affirm that they have years of experience in performing certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

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

To prove that you committed a crime, you must establish that the doctor's actions were not in accordance with 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. Your doctor's lawyer will present defenses that contradict the evidence presented to you by your lawyer.

Despite the belief that doctors are the target of false claims of malpractice years of evidence show that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled prior to trial.