How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in a variety of medical malpractice lawsuits. This includes attorney time court fees as well as expert witness fees and other costs.

A medical malpractice claim can be filed when a healthcare professional is negligent or has committed misconduct or committed an error or failed to act. The injured party may be able to seek compensation damages, including actual economic losses such as past and future medical malpractice lawyer bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to be successful. The injured patient, or their attorney if the patient has died, must be able to prove each of these elements:

The defendant breached the duty. The defendant breached this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot directly cause injury. It must be demonstrated that it caused the injury directly and was the primary reason for the injury.

It is often necessary to file a formal complaint with a medical board in the state in order to safeguard the patient's rights and ensure that the doctor doesn't engage in further mistakes. However, filing a complaint does not start an action, and is often just a beginning step in making the malpractice claim move. It is usually recommended to consult a Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer for the plaintiff appointed by the court will look over the documents. If it appears there is a malpractice issue, the lawyer will file an affidavit as well as a complaint with the court, detailing the claimed mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves filing requests for documents like hospital billing or clinic notes, and taking the deposition of the defendant's physician. Attorneys then will question the defendant on oath about their knowledge of the case.

This information will be used by the attorney representing the plaintiff to establish the elements of a medical malpractice claim during trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the physician's violation 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 injury or death to be able to justify a monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical malpractice law firm records before and following the an alleged malpractice, details about expert witnesses, copies of tax returns or other documentation relating to the out-of-pocket expenses that the plaintiff claims were incurred, and the names and contact details for any witnesses who will appear at trial.

Most states have a statute of limitations that allows injured patients only an amount of time after a medical mishap to file a lawsuit. The time limit is set by the laws of the state and are subject to a rule known as the "discovery rules."

To win a Medical malpractice attorney malpractice claim, an injured patient must prove that a doctor's negligence caused harm to a specific person for example, 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 which take place in the presence a court reporter, who records the questions as well with the answers. The deposition is an element of the discovery process, which is the process of gathering evidence that can be used in the course of a trial.

Depositions permit attorneys to ask witnesses, often doctors, a series of questions. If a physician is interrogated and questioned, they must answer each question truthfully under the oath. Typically, the doctor is first questioned by an attorney and later interrogated by a different attorney. This is a crucial phase of the case that requires the full concentration and attention of the doctor.

Depositions are a great opportunity for lawyers to gather a detailed background of the doctor, including his or their education, training, and experience. This information is essential to showing 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 testify they have extensive experience performing specific procedures and techniques that could be relevant to your particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates the legal disclosure process known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This usually includes medical records as well as testimony from an expert witness.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your lawyer.

Despite the legend that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical of damages that are exaggerated. The majority of malpractice cases settle prior to trial.