How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in a variety of medical malpractice legal malpractice lawsuits. This includes attorney time court fees expert witness fees, court costs and other expenses.

A medical malpractice litigation malpractice lawsuit can be filed in the event that a healthcare professional has been negligent, has committed misconduct or committed an error or acted in a way that was not. Injury victims can seek compensation for economic losses, like past or future medical expenses as well as non-monetary damages, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim for success. The injured person or their attorney, should the patient die, must show each of these legal elements:

The hospital or doctor had a responsibility to perform its duties in accordance with the standard of care applicable. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care does not directly cause injury. It must be shown that it directly caused the injury and was the proximate reason for the injury.

To safeguard a patient's rights, and to ensure that a physician doesn't commit any further mistakes, it is essential to file a report with the state medical board. But, filing a report is not the start of the process of a lawsuit, and is typically just a step towards getting the malpractice claim moving. It is recommended to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

As part of the legal process, the summons or claim form is filed with the court and then handed to the defendant physician. A plaintiff's lawyer appointed by the court will review the documents. If it appears there may be a malpractice case, the lawyer will file an affidavit and complaint with the court, detailing the claimed mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation such as hospital bills or clinic notes, medical malpractice case and taking depositions of the defendant's physician. Attorneys will then question the defendant under oath regarding his or her knowledge of the case.

The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice case in court. These include the existence of an obligation on the doctor's part to provide medical malpractice legal care and treatment to patients; the doctor's breach of this duty; an causal connection between the breach and the patient's injury or death; and a sufficient amount of damages resulting from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery process, each side is entitled to seek and receive evidence pertinent to the case. This includes medical records from before and after an incident of alleged negligence, information about experts, copies of tax return or other documentation related to out-of-pocket expenses that the plaintiff claims have been attributable to them, and the names and contact details of witnesses who will be testifying at trial.

The majority of states have a statute of limitations that gives injured people the time period of a certain amount of years after a medical mishap to make a claim. The time limit is set by state laws and are subject to a law known as the "discovery rules."

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

Deposition

Depositions are question and answer sessions conducted in the presence of the court reporter who takes notes of both the questions and the answers. Depositions are a part of the discovery process in which the parties collect evidence to be used in a trial.

Depositions permit attorneys to ask witnesses, typically doctors for a series of questions. When a physician is questioned, he or she must answer all questions honestly under oath. Usually the physician is asked questions by an attorney and then cross-examined by a different attorney. This is an important stage in the case, and the physician must focus on it with complete attention.

Depositions are a great method for lawyers to obtain a detailed background of the doctor, including his or his education, training and experience. This information is crucial in proving the doctor breached your standards of care and that this breach caused injury. For instance, doctors who have trained in the field of malpractice cases typically will declare that they have a vast experience performing certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A civil court is officially 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, referred to as discovery which is where you and your doctor's team work together to gather information to prove your case. This evidence usually includes medical records and testimony from an expert witness.

To prove malpractice it is necessary to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present defenses that go against the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous claims of malpractice the decades of evidence confirm that juries make reasonable estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.