How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes attorney time as well as court fees as well as expert witness fees and other expenses.

A serious injury that is the result of a healthcare professional's negligence, mistake, or omission can lead to a medical malpractice claim. 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 noneconomic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim for success. The injured patient or their attorney when the patient has passed away, must prove each of these legal elements:

The hospital or doctor had a responsibility to follow the standards of care in force. The defendant violated that obligation. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a duty of care cannot directly cause injury. It must be demonstrated that it directly caused the injury and was the main reason for the injury.

To safeguard the rights of a patient and to ensure that a physician does not commit further mistakes, it is essential to file a report with the state medical board. A report is not a lawsuit, but it can be an excellent first step in starting the malpractice claim. It is usually recommended to consult a Syracuse malpractice lawyer prior to filing a report, or any other document.

Summons

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

The next step in the legal process is obtaining evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and notes from clinics, and taking the deposition of the defendant's doctor. Attorneys then will question the defendant under oath as to the details of the case.

This information will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's injury or death and a sufficient amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery process, each side is entitled to request and receive evidence relevant to the case. This includes medical records prior to and after the suspected malpractice, information on expert witnesses and tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims were incurred, and also the names and contact information for witnesses who are expected to be called to testify in the trial.

Most states have a statute-of limitations that restricts the length of time that a patient is allowed to pursue a lawsuit after being injured due to medical error. The length of time is determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical negligence case an injured victim must prove that the doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of a court reporter who records both the questions and the responses. The deposition is an element of the discovery process through which parties gather information for use in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is deposed and questioned, they must answer each question truthfully under an oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is an essential stage of the case that requires the complete attention and focus of the doctor.

A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including his education, training and experience. This information is crucial for convincing the court that the doctor did not adhere to your standard of care and that this breach caused you injury. Physicians who have received training in this area are likely to declare that they have experience performing certain techniques and procedures that could be relevant to a specific Medical Malpractice Attorney-malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This triggers a legal procedure of disclosure, also known as discovery, where you and your doctor's team collaborate to collect evidence to support your case. The evidence typically comprises medical records and testimony from an expert witness.

The purpose of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor followed the standards of care. The attorneys for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice years of evidence show that juries make reasonable assessments of damages and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.