How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest significant time and money in numerous medical malpractice lawsuits. This includes attorney time, court fees, expert witness fees and other costs.

A medical malpractice case can be filed when a healthcare professional is negligent or has committed misconduct, made an error, or failed to take action. Victims of injury can seek compensation for economic losses, such as past or future medical bills as well as non-monetary damages, such as pain and discomfort.

Complaint

A south williamsport medical malpractice attorney malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to be successful. The injured patient (or their attorney if they've died) must be able to prove each of the following legal aspects of the claim:

The defendant violated this obligation. The defendant violated that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care doesn't necessarily cause injury. It must be shown that it caused the injury directly and was the primary cause for the injury.

It is usually required to file a complaint with a state medical board to protect patients' rights and ensure that the doctor doesn't engage in further malpractice. A report is not a lawsuit however, it is the first step to initiating the malpractice lawsuit. It is recommended to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will examine the documents. If it appears there is a malpractice issue and the lawyer files an affidavit as well as a complaint with the court, describing the possible error.

The next step is to collect evidence by pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, as well as taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath regarding his or her knowledge of the case.

The plaintiff's attorney will use this information to prove the elements of a claim for medical malpractice in court. The elements of a Harrah medical malpractice Attorney malpractice case include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's violation of this duty, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

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

Most states have a statute-of-limitations which limits the amount of length of time that a patient is allowed to sue after being injured by a medical mistake. These time limits are determined by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice lawsuit, the injured patient has to prove that the negligence of a doctor resulted in specific harm such as physical pain, or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in front of a court reporter who records both the questions and answers. Depositions are part of the discovery process, in which the parties collect evidence to be used in the trial.

Depositions allow attorneys to question witnesses, often doctors to answer a set of questions. If a physician is interrogated by a lawyer, the doctor must answer the questions truthfully under oath. Typically, the doctor is first interrogated by an attorney, and then cross examined by another attorney. This is an important stage of the process and requires the complete attention and focus of the physician.

A deposition can help attorneys obtain a detailed background on the doctor's background, including his or her education, training and experience. This information is crucial in prove that the doctor did not meet your standard of care and resulted in injury to you. Doctors who have been trained in the area will often affirm that they have years of knowledge of specific procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This starts a legal disclosure process called discovery. You and your doctor's team will collaborate to gather evidence to support your case. This usually comprises medical records and expert witness testimony.

To prove malpractice it is essential to establish that the actions of your doctor were below the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your attorney.

Despite the common belief that doctors are the target of false claims of malpractice the decades of evidence shows that jury verdicts reflect fair judgments of negligence and damages, and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.