How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This includes attorney time court fees expert witness fees, and other costs.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent, has committed misconduct or committed an error or failed to take action. Injury victims can seek compensation for economic losses, like past or future medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice attorney malpractice lawsuit is a complex one and requires a solid proof of the claim to be able to prevail. The patient who has been injured (or their attorney if they've died) must demonstrate each of the following legal aspects of the claim:

The defendant breached the obligation. The defendant violated that obligation. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care does not directly cause injury. It must be proved that it caused the injury directly and was the proximate reason for lawsuit the injury.

It is sometimes necessary to file a formal complaint with a state medical board to protect the rights of the patient and ensure that the doctor doesn't commit any further malpractice. But, filing a report is not a way to start the process of a lawsuit, and is typically just a step towards getting the malpractice case moving. It is usually recommended to consult with a Syracuse lawyer for malpractice before filing a report or other type of document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court for the plaintiff will then review these documents and, if they believe that there could be a case of malpractice, they will submit a complaint and an affidavit to the court detailing the medical error that is claimed to be the cause.

The next step is to obtain evidence by pretrial disclosure. This involves submitting requests for documentation like hospital billing information and clinic notes and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or her knowledge of the case under an oath.

The information provided will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical negligence in the course of trial. This includes the existence of a duty on the doctor's part to provide treatment and treatment to patients; the physician's infraction of this duty a causal relationship between the breach and the patient's injuries or death and a sufficient amount of damages resulting from the injury or lawsuit death to justify a monetary award of compensation.

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 prior to and after an incident of alleged negligence, information about experts and tax returns or other documents related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact details of any witnesses who will be appearing in the trial.

Most states have a statute-of-limitations that restricts the time a patient has to seek compensation for injuries caused by medical error. These limitations are set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice attorneys malpractice lawsuit, the patient must prove that the doctor's negligence resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions and the responses. The deposition is an element of the discovery process which involves gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is deposed and questioned, they must answer all questions truthfully under oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial phase in the case and the physician must give it their full attention.

A deposition is a fantastic way for attorneys to get details about the doctor, including his education, training and experience. This information is critical to proving that the physician breached the standard of care in your case and that the breach directly resulted in injury. For instance, doctors who have received training in the field of malpractice cases will typically declare that they have a vast experience performing specific procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This initiates a legal process of disclosure called discovery, where you and your physician's team collaborate to collect evidence to prove your case. This usually includes medical records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your physician acted according to the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence provided by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims, decades of empirical research proves that jury verdicts usually reflect fair evaluations of damages and negligence and juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle before trial.