How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest significant time and money in the many lawsuits involving medical malpractice. This includes doctor hours and work product, attorney time, court costs as well as expert witness fees and countless other expenses.

A traumatic injury caused by medical Malpractice Attorney professional's negligence, incompetence, error or omission could result in medical malpractice claims. The injured party can seek compensation for economic losses, including future or past medical bills and also non-economic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility for success. The person who was injured (or their attorney if they have died) must prove each of the following legal aspects of the claim:

That a doctor or hospital was bound to act in accordance with the applicable standard of care. The defendant violated this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care doesn't cause injury, but it has to be shown that the breach directly caused the injury and medical Malpractice attorney was the proximate cause of the injury.

It is typically necessary to file a claim with a state medical malpractice law firm board in order to protect the patient's rights and ensure that the doctor does not commit any further errors. However, filing a complaint is not the start of a lawsuit and is often just a step towards making the malpractice claim move. It is usually recommended to consult a Syracuse malpractice lawyer before filing a report, or any other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if it is found that there could be an issue with malpractice, they will file an affidavit and complaint before the court describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence such as hospital bills or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then ask the defendant under oath as to their knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice during trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's breach of this duty a causal relationship between the breach and the patient's death or injury; and a sufficient amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence relevant to their case. This includes medical records from before and after an incident of alleged negligence, information about experts as well as copies of tax returns or other documents related to out-of-pocket expenses that the plaintiff claims have been attributable to them, and the names and contact information of any witnesses who will be testifying during the trial.

Most states have a statute of limitation that allows injured patients only the time period of a certain amount of years after a medical error to make a claim. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in presence a court reporter, who takes notes of the questions as well in the responses. Depositions are part of the discovery process which involves gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a set of questions. When a doctor is deposed they must answer all questions truthfully under oath. Usually, the physician is first interrogated by an attorney and later cross examined by another attorney. This is a crucial phase of the trial and requires the full attention and focus of the physician.

A deposition is an excellent way for attorneys to obtain an in-depth background on the doctor, including the doctor's education, training and experience. This information is crucial to prove that the doctor did not meet the standard of care you expect and that this breach caused you injury. Physicians who have been educated in this area are likely to be able to prove they have experience performing certain techniques and procedures that could be relevant to a specific medical malpractice case.

Trial

A civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. This begins the legal disclosure process known as discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. This typically consists of medical records and testimony from experts.

The purpose of proving malpractice is to establish that the actions of your doctor fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standard of care. The lawyers for your doctor will present arguments that do not agree with the evidence presented by your attorney.

Despite the belief that doctors are the target of false claims of malpractice years of evidence show that jury verdicts reflect fair assessment of the severity of the damage and negligence, and that juries tend to be skeptical of large amounts of money awarded. The majority of malpractice cases settle prior to trial.