How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in the many lawsuits involving medical malpractice. This can include physician hours and work product as well as attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or committed a mistake or acted in a way that was not. Victims of injury may seek compensation damages, including actual economic loss such as future and past medical bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to succeed. The injured patient (or their attorney if they have died) must prove each of the following legal aspects of the case:

The defendant breached that duty. The defendant erred in his obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care will not in itself cause injury. It must be proved that it directly caused the injury and was the proximate reason for the injury.

To protect a patient's rights, and to ensure that a physician doesn't commit any further mistakes, it is essential to file a complaint with the state medical board. A report is not a lawsuit, however, it is the first step to starting the malpractice claim. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process a summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it appears that there may be an incident of malpractice the lawyer will 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 documents such as hospital billing information and notes from the clinic, and then taking the deposition of the defendant's physician where lawyers question the defendant on his or his knowledge of the case under oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of a claim for medical malpractice attorney negligence in the course of trial. These include the existence of a duty on the doctor's part to provide treatment and treatment to patients; the physician's breach of this duty causality between the breach and the patient's injury or death and a significant amount of damages that result from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records from prior to and after an incident of alleged negligence, encoskr.com details about experts and tax returns or other documentation related to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact information of any witnesses who will be appearing at trial.

Most states have a statute-of limitations which limits the amount of length of time that a patient is allowed to sue after being injured by a medical mistake. The time limit is usually set by law in the state, and they are subject to rules referred to as the "discovery rule."

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

Deposition

Depositions are questions and answer sessions that are conducted in front of an official court reporter who records both the questions as well as the responses. Depositions are part of the discovery process through which the parties gather information to use in a trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. When a physician is deposed and asked to answer questions truthfully under the oath. Usually, the physician is questioned questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial step in the case and the physician has to be attentive to the case.

A deposition is a fantastic opportunity for lawyers to gather details about the doctor, including his or the doctor's education, training and experience. This information is essential for prove that the doctor did not meet the standard of care in your case and that the breach caused you harm. Physicians who have been educated in this field will typically be able to prove they have experience with certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the court of your choice. This initiates a legal process of disclosure, referred to as discovery where you and your physician's team work together to gather information to prove your case. The evidence typically includes medical records and expert witness testimony.

To prove malpractice it is necessary to prove that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor followed the standards of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite the common belief that doctors are targets for frivolous claims of malpractice years of evidence shows that jury verdicts reflect reasonable assessments of damages and negligence and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases are settled before trial.