How to File a Medical Malpractice Lawsuit

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

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission could result in a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic loss such as past and future medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The patient who has been injured or their lawyer when the patient has passed away must demonstrate each of these legal elements:

A hospital or doctor medical malpractice had a duty to perform its duties in accordance with the standard of care applicable. The defendant failed to meet this duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care will not in itself 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 complaint with a state medical board in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit further errors. However, filing a complaint does not initiate the process of a lawsuit, and is typically just a first step to getting the malpractice case moving. It is recommended to speak with an Syracuse malpractice lawyer prior to filing 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 process. A court-appointed lawyer for the plaintiff will then go over these documents and, if they believe that there may be an instance of malpractice the lawyer will submit a complaint and an affidavit before the court describing the medical malpractice law firm error that they believe to have committed.

The next step is obtaining evidence by pretrial disclosure. This involves submitting requests to document like hospital billing information and clinic notes and taking the defendant's deposition during which lawyers ask the defendant about his or their knowledge of the matter under the oath.

The attorney representing the plaintiff will use this information to demonstrate the elements of a claim for medical malpractice at trial. The elements of a medical malpractice law firm malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's violation of this duty as well as a causal connection 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 allowed to request and receive evidence that is relevant to the case. This includes medical records before and following the suspected malpractice, information on expert witnesses, medical malpractice copies of tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims to have incurred, and the names and contact details of any witnesses who are scheduled to be called to testify in the trial.

Most states have a statute-of limitations that limit the length of time that a patient is allowed to seek compensation for injuries caused by an error in medical care. These time limits are typically determined by the law of the state and they are subject to a rule known as the "discovery rule."

In order to win a medical malpractice case an injured victim must show that a doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are question and answer sessions conducted in the presence of a court reporter who documents both the questions and the answers. Depositions are part of the discovery process which consists of gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. When a physician is deposed by a lawyer, the doctor must answer the questions truthfully under oath. Usually, the physician is questioned questions by one attorney, and later cross-examined by a second attorney. This is a crucial step in the case, and the physician must pay attention to it with all their heart.

A deposition is an excellent opportunity for lawyers to gather a detailed background of the doctor, including his or her training, education and experience. This information is crucial for prove that the doctor did not meet your standards of care and that this breach caused you harm. For instance, doctors who have been trained in the field of malpractice cases usually testify that they have vast experience in performing specific procedures and techniques that may be relevant to a particular medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court and a summons. This initiates a legal process of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This evidence typically includes medical records and the testimony of experts.

To prove that you committed a crime it is essential to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries wouldn't have occurred if your doctor followed the standards of care. The lawyer for your doctor will present defenses that contradict the evidence presented to you by your lawyer.

Despite folklore suggesting that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts generally reflect reasonable assessment of damages and negligence, and that juries are skeptical of overinflated damages awards. The vast majority malpractice cases are settled before trial.