How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in many medical malpractice lawsuits. This can include physician hours and work product, attorney time, court costs, expert witness fees, and countless other expenses.

An injury resulting from an healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, like future or past medical bills, as well as noneconomic injuries, such as discomfort and pain.

Complaint

A Medical Malpractice Attorneys malpractice case has many moving parts and requires reliable evidence to succeed. The injured person, or their attorney when the patient has passed away must demonstrate each of these legal elements:

The hospital or doctor had a responsibility to act according to the applicable standard of care. The defendant violated that duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care doesn't directly cause injury. It must be proven that it directly caused the injury and was the primary reason for the injury.

It is typically necessary to file a formal complaint with a state medical body in order to safeguard patients' rights and ensure that the doctor does not commit additional negligence. However, filing a claim does not start the process of a lawsuit, and is typically just a first step to getting the malpractice case moving. It is generally recommended to consult an Syracuse malpractice lawyer before filing a report or any other document.

Summons

As part of the legal process a summons or claim forms is filed with the court, and then delivered to the doctor who is the defendant. A plaintiff's lawyer who is appointed by the court will go through the documents. If it is determined that there may be a malpractice case and the lawyer files an affidavit and complaint with the court, detailing the alleged mistake.

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

The information provided will be utilized by the lawyer representing the plaintiff to establish the elements of a medical malpractice claim in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide treatment and care to patients, the doctor's infraction of this obligation and a causal link between the breach and the injury or death of the patient and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are able to request and receive evidence relevant to the case. This includes medical records before and following the mishaps, information about experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims were incurred along with the names and contact details of any witnesses who are scheduled to appear at trial.

The majority of states have a statute of limitations which allows injured patients the time period of a certain amount of years after a medical error to pursue a lawsuit. These time limits are determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice claim the patient who was injured must prove that a doctor's negligence caused a specific harm that is 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 sessions of question and answer which take place in the presence a court reporter, who records the questions as well as the answers. Depositions are part of the discovery process, which involves gathering information that can be used in the trial.

Depositions permit attorneys to question witnesses, often doctors to answer a set of questions. When a physician is deposed by a lawyer, the doctor must answer all questions truthfully under oath. Usually the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is a crucial stage of the case that requires the complete concentration and attention of the physician.

Depositions are a great way for attorneys to obtain details about the doctor, including his education, training and experience. This information is essential to proving the doctor breached your standards of care and that this breach caused you injury. Physicians who have received training in this area often affirm that they have years of knowledge of certain procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates a legal process of disclosure known as discovery where you and the doctor's team work together to gather information to prove your case. This usually includes medical records and the testimony of experts.

To prove malpractice, you must establish that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries could not have occurred had your doctor acted according to the standard of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite the common belief that doctors are the target of unsubstantiated claims of malpractice, decades of empirical evidence demonstrate that juries make reasonable estimates of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled before trial.