How to File a Medical Malpractice Lawsuit

Many medical malpractice law firm malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment covers physician time and work product as well as attorney time, court costs and expert witness fees and many other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent, has committed misconduct, made an error, or failed to take action. The injured party can seek compensation for economic losses, including future or past medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to prevail. The injured person or Medical Malpractice Law Firm their attorney, in the event that the patient has passed away must show each of these legal elements:

The defendant breached that duty. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care will not cause injury on its own. It must be proved that it caused the injury directly and was the primary reason for the injury.

It is sometimes necessary to file a claim with a state medical malpractice attorney board in order to protect the rights of the patient and to ensure that the doctor doesn't commit further negligence. A report is not a lawsuit however, it is a good first step in getting the malpractice claim started. It is usually recommended to consult a Syracuse malpractice lawyer before filing a report or other document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court for the plaintiff will review the documents and, if they believe that there may be an instance of malpractice then they will file an affidavit and complaint before the court describing the medical error that is claimed to be the cause.

The next step is to collect evidence by pretrial disclosure. This involves the submission of requests for documentation like hospital billing and notes from clinics, and taking the deposition of the doctor who is defending the case. Attorneys will then question the defendant under oath as to his or her knowledge of the case.

The information provided will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the doctor's violation of this duty and a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, details about experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of any witnesses who will testify during the trial.

Most states have a statute-of limitations that limit the time a patient has to pursue a lawsuit after being injured due to an error made by a doctor. These time limits are typically determined by the law of the state and they are subject to a rule known as the "discovery rule."

In order to win a medical malpractice law firms malpractice lawsuit an injured victim must prove that the doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causation i.e. that negligence caused their death or injury.

Deposition

Depositions are question and answer sessions that are conducted in the presence of a court reporter who documents both the questions and responses. Depositions are part of the discovery process, which is about gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, usually doctors, a series of questions. When a doctor is deposed they must answer all questions in an honest and open manner under oath. Usually the physician is asked questions by one attorney, and then cross-examined by a different attorney. This is a crucial stage of the case that requires the full attention and focus of the physician.

A deposition is an excellent method for lawyers to obtain an in-depth background on the doctor, including her training, education and experience. This information is essential to showing that the doctor violated the standards of care in your case and that the breach directly caused injury to you. Physicians who have been trained in the area will often be able to prove they have experience with specific procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to gather evidence to support your case. This typically comprises medical records and testimony of an expert witness.

The purpose of proving malpractice is to prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your physician acted according to the standards of care. The attorneys for medical malpractice Law firm your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts usually reflect fair assessments of negligence and damages and that juries are skeptical of excessive damage awards. The majority of malpractice cases are settled prior to trial.