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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This investment includes physician hours and work product as well as attorney time court costs and expert witness fees and many other costs.

An injury resulting from medical malpractice attorney professional's negligence, incompetence, error or omission can lead to a medical malpractice claim. Plaintiffs seeking compensation for injuries can file for financial losses, such as past or future medical bills, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be able to prevail. The patient who has been injured (or their attorney if they've lost their claim) must show each of these legal aspects of the case:

That a hospital or doctor was required to act in accordance with the applicable standard of care. The defendant breached 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 itself is not a cause of injury; it must be proved that the breach directly caused the injury and was the direct cause of the injury.

In order to protect the rights of a patient, and to ensure that a physician doesn't commit any further errors, it is required to file a report with the state medical board. A report is not a lawsuit but it can be the first step to beginning the process of bringing a malpractice claim. It is advisable to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal procedure, a summons or claim forms is filed with the court and medical malpractice attorneys handed to the doctor who is the defendant. A lawyer for the plaintiff appointed by the court will look over these documents. If it appears there may be a malpractice case and the lawyer files an affidavit, along with a complaint to the court, detailing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records as well as notes from clinics and conducting a deposition of the doctor who is being sued in which attorneys ask the defendant about his or his knowledge of the situation under oath.

The information provided will be used by the lawyer for the plaintiff to prove the elements of a medical malpractice claim at trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach 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 justify a monetary award of compensation.

Discovery

During the discovery process both sides are able to seek and receive evidence pertinent to the case. This includes medical Malpractice Attorneys records from before and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documents related to expenses out of pocket the plaintiff claims have been caused, and the names and contact information of witnesses who will testify in the trial.

There are many states with a statute of limitations which limits the amount of length of time that a patient is allowed to sue after being injured by an error in medical care. These time limits are determined by state laws and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit an injured victim must prove that a physician's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question-and-answer sessions which take place in the presence of a court reporter who records the questions as well with the answers. The deposition is a part of the discovery process, in which the parties gather information to use in a trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a series of questions. If a doctor is interrogated they must answer all questions honestly under oath. Typically, the doctor is initially questioned by an attorney, and then the attorney is cross-examined by another attorney. This is a crucial phase of the process and requires the complete concentration and attention of the physician.

A deposition is a fantastic way for attorneys to get a detailed background of the doctor, including his or her training, education and experience. This information is crucial in prove that the doctor did not meet the standard of care you expect and that this breach caused injury. Physicians who have been educated in this field will typically declare that they have experience performing certain techniques and procedures that could be relevant to a specific medical malpractice case.

Trial

A civil court is formally launched when your lawyer files a complaint and summons with the appropriate court. This is the beginning of the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to gather evidence to prove your case. The evidence usually consists of medical records as well as testimony from experts.

The goal of proving negligence is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor acted in accordance with the standard of care. Your doctor's lawyer will present defenses that contradict the evidence presented by your lawyer.

Despite the legend that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect reasonable assessment of damages and negligence and juries are skeptical of inflated damage awards. The vast majority of malpractice cases are settled prior to trial.