How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and lawyers. This investment includes attorney time as well as court fees expert witness fees, court costs and other costs.

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission can give rise to medical malpractice claims. The injured party may be able to 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 lawsuit is a complex one and requires evidence of credibility to be successful. The injured patient (or their attorney if they've lost their claim) must prove each of the following legal aspects of the claim:

That a doctor or hospital had a responsibility to perform its duties in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury for the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care itself doesn't cause injury; it must be proved that the breach directly caused the injury and was the primary cause of the injury.

It is sometimes necessary to file a complaint with a state medical body in order to protect the patient's rights and ensure that the doctor doesn't engage in further negligence. A report is not a lawsuit but it can be an effective first step towards starting the malpractice claim. It is recommended to talk with an Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if it appears that there may be an issue with malpractice, they will file a complaint along with an affidavit to the court detailing the medical error that is claimed to be the cause.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing information as well as notes from clinics and taking the deposition of the defendant's physician during which lawyers ask the defendant on his or her knowledge of the case under the oath.

The attorney for the plaintiff will use this information to prove the elements of a medical malpractice lawyers negligence claim during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's failure to fulfill this duty and a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the process of discovery both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, information about experts and tax returns or other documents relating to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact details of any witnesses who will be testifying in the trial.

Most states have a statute of limitations that permits injured patients the time period of a certain amount of years after a medical malpractice litigation mishap to bring a lawsuit. These time limits are typically set by law of the state, and are subject to rules referred to as the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured must prove that the negligence of a doctor caused specific harm, such as physical pain, or medical malpractice lawsuit loss of income. They must also prove causation, i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are question and answer sessions that take place in the presence of a court reporter who documents both the questions and the answers. The deposition is a part of the discovery process in which parties collect information for use in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a set of questions. If a doctor is interrogated, they must answer all questions truthfully under an oath. Typically, the doctor is initially questioned by an attorney and later cross examined by another attorney. This is an essential stage of the process and requires the full concentration and attention of the physician.

A deposition allows attorneys to gain a thorough understanding of the doctor's qualifications in relation to his or the training, education and experience. This information is essential to proving that the physician breached the standards of care in your particular case and that the breach directly resulted in injury. Physicians who have received training in this area often testify they have extensive experience with certain techniques and procedures that could be relevant to a specific medical malpractice settlement malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This triggers a legal procedure of disclosure called discovery, where you and your doctor's team collaborate to collect evidence to prove your case. This typically consists of medical records and testimony from experts.

To prove that you committed a crime it is necessary to prove that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standards of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are the target of false claims of malpractice years of evidence shows that jury verdicts reflect fair estimates of negligence and damages, and medical malpractice lawsuit that juries are skeptical of excessive award amounts. The vast majority malpractice cases are settled prior to trial.