How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time court fees as well as expert witness fees and other expenses.

A medical malpractice attorney malpractice case can be filed if a healthcare professional is negligent, has committed misconduct or erred, or medical malpractice lawsuits acted in a way that was not. Victims of injury may seek compensation damages, including the actual economic losses such as past and future medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be able to prevail. The injured patient or their lawyer if the patient has died must be able to prove each of these elements:

That a doctor or hospital was bound to act in accordance with the standards of care in force. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care will not necessarily cause injury. It must be proved that it caused the injury directly and was the proximate reason for the injury.

It is typically necessary to file a claim to a state medical board in order to protect the rights of the patient and to ensure that the doctor doesn't engage in further negligence. However, filing a claim is not the start of an action and is usually just a beginning step in getting the malpractice claim moving. It is usually recommended to speak with a Syracuse malpractice lawyer before filing a report or any other document.

Summons

A summons or claim is filed in court 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 appears that there may be a malpractice case the lawyer is required to file an affidavit and complaint with the court, describing the alleged mistake.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests to document such as hospital invoices or clinic notes, as well as conducting a deposition of the doctor who is being sued where lawyers question the defendant about his or their knowledge of the matter under the oath.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical negligence claim during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's infraction of this obligation, a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records prior to and after the an alleged malpractice, details about experts and tax returns or other documentation relating to the out-of-pocket expenses that the plaintiff claims to have incurred, and the names and contact details for any witnesses who be present at trial.

There are many states with a statute of limitations which limits the amount of length of time that a patient is allowed to sue after being injured by an error in medical care. Those time limits are usually set by law in the state, and they are subject to rules known as the "discovery rule."

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

Deposition

Depositions are question and answer sessions conducted in the presence of an official court reporter who records both the questions and answers. The deposition is an element of the discovery process, which involves gathering information that can be used in the course of a trial.

Depositions allow attorneys to question witnesses, often doctors to answer a set of questions. When a physician is deposed they must answer all questions in an honest and open manner under an oath. Typically, the doctor is asked questions by one attorney and then cross-examined by another attorney. This is a crucial step in the trial and the doctor must pay attention to it with all their heart.

A deposition is a fantastic way for attorneys to obtain an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is critical to establish that the doctor violated the standard of care in your particular case and that the breach resulted in injury. For example, physicians who have been trained in the area of malpractice cases usually declare that they have a vast experience in the execution of certain procedures and techniques that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. This is the beginning of a legal disclosure process called discovery. You and your doctor's team will work together to gather evidence to support your case. This evidence typically includes medical records and testimony from experts.

The purpose of proving malpractice is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence provided by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts tend to reflect fair assessments of negligence and damages and that juries are skeptical about overinflated damages awards. The majority of malpractice cases are settled before trial.