How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by the negligence of a healthcare professional's misconduct, error or omission can result in medical malpractice attorneys malpractice claims. Victims of injury may seek compensation damages, including actual economic losses such as future and past medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires credible proof for success. The person who was injured or their attorney in the event that the patient has passed away, must be able to prove each of these elements:

The defendant breached that duty. The defendant violated this duty. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself is not a cause of injury, but it has to be shown that the breach directly caused the injury and was the main cause of the injury.

To safeguard the rights of a patient and to ensure that a doctor does not commit further mistakes, it is essential to file a complaint with the state medical board. However, filing a report is not a way to start an action, and is often just a step towards getting the malpractice claim moving. It is recommended to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears there is a malpractice issue and the lawyer files an affidavit as well as a complaint with the court, describing the possible mistake.

The next step is to gather evidence through pretrial disclosure. This includes the submission of requests for documentation, such as hospital billing and clinic notes, as well as taking depositions of the defendant's doctor. Attorneys then will question the defendant on oath about his or her knowledge of the case.

The attorney for the plaintiff will use this information to demonstrate the elements of a medical negligence claim at trial. These include the existence of a duty on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; a causal link between the breach and the patient's injury or death and a substantial amount of damages that result from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records before and following the alleged malpractice, information about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims they incurred, along with the names and contact information for any witnesses who testify at trial.

Most states have a statute of limitation that allows injured patients only some time after an injury or medical mistake to file a lawsuit. The time limit is usually set by law of the state, and they are subject to rules known as the "discovery rule."

In order to win a medical malpractice case an injured victim must show that a doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causation -which means, Medical malpractice attorneys that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are sessions of question and answer which take place in the presence a court reporter, who will record the questions as and the answers. The deposition is part of the discovery process which is about gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. When a doctor is questioned and asked to answer questions in an honest and open manner under oath. Usually the physician is asked questions by an attorney and later cross-examined by a second attorney. This is an important stage of the trial and requires the complete concentration and attention of the doctor.

A deposition can help attorneys gain a thorough understanding of the doctor's background in terms of his or their education, training and experience. This information is crucial to establish that the doctor violated the standards of care in your particular case and that the breach resulted in injury. Physicians who have received training in the area will often affirm that they have years of knowledge of specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the court of your choice. The process begins with a legal requirement of disclosure, referred to as discovery where you and the doctor's team work together to gather evidence to support your case. This usually includes medical records as well as expert witness testimony.

To prove that you committed a crime you must prove that your doctor's actions did not meet 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. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts generally reflect fair evaluations of damages and negligence, and juries are skeptical of excessive damage awards. The vast majority malpractice cases are settled before trial.