How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest considerable time and funds in many medical malpractice lawsuits. This includes attorney time and court costs expert witness fees, court costs and other expenses.

A medical malpractice lawsuit can be filed when a healthcare professional is negligent, has committed misconduct or committed a mistake or failed to act. The injured party can seek compensation for financial losses, such as past or future medical expenses as well as non-monetary damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility to be successful. The patient who has been injured, or their attorney if the patient has died, must demonstrate each of these legal elements:

A hospital or doctor was bound to act according to the applicable standard of care. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be shown that the breach directly caused the injury and was the primary reason for the injury.

It is often required to file a complaint with a state medical body in order to protect the rights of the patient and ensure that the doctor does not commit any further negligence. A report is not a lawsuit however, it is the first step to beginning the process of bringing a malpractice claim. It is recommended to consult with a Syracuse attorney for malpractice prior to filing a report or any other type of document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A plaintiff's lawyer who is appointed by the court will look over the documents. If it appears that there could be a malpractice claim the lawyer will file an affidavit, along with a complaint to the court, describing the possible mistake.

The next step is to obtain evidence by pretrial disclosure. This involves submitting requests for documentation such as hospital billing information or clinic notes, as well as taking the deposition of the defendant's physician where lawyers question the defendant on his or his knowledge of the case under the oath.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical malpractice claim at trial. This includes the existence of a duty on the physician's part to provide medical care and treatment to patients; the doctor's violation of this duty; a causal relationship between the breach and the patient's injuries or death and a significant amount of damages that result from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records from prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documents related to out-of pocket expenses that the plaintiff claims have been incurred, and the names and contact information of witnesses who are expected to testify at trial.

Most states have a statute of limitation that permits injured patients the time period of a certain amount of years after an injury or medical mistake to file a lawsuit. The length of time is determined by the laws of the state and are subject to a rule known as the "discovery rules."

In order to win a medical negligence lawsuit, the injured patient must show that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causation- that is, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who records the questions as well as the answers. Depositions are a part of the discovery process in which parties collect information to be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors, a series of questions. When a doctor is questioned and questioned, they must answer all questions honestly under an oath. Typically, the doctor is asked questions by one attorney and later cross-examined by a second attorney. This is a crucial stage in the trial and the physician must be attentive to the case.

Depositions are a great opportunity for lawyers to gather an extensive background on the doctor, including her training, education and experience. This information is crucial to convincing the court that the doctor did not adhere to your standard of care and caused injury. Physicians who have received training in this area often be able to prove they have experience with certain procedures and techniques that could be relevant to a particular medical malpractice attorney malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This initiates a legal disclosure process called discovery. You and your doctor's staff will work together to gather evidence to prove your case. The evidence typically includes medical records and testimony from an expert witness.

The goal of proving malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor medical malpractice Lawsuit had followed the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your lawyer.

Despite folklore suggesting that doctors are a target for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts tend to reflect fair assessment of damages and negligence, and that juries are skeptical about damages that are exaggerated. The vast majority of malpractice cases settle before trial.