How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by an healthcare professional's negligence, medical malpractice Attorneys misconduct, error or omission can lead to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic losses, such as future and past medical bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice suit has many moving parts, and requires evidence that is credible evidence to win. The injured patient or their attorney when the patient has passed away, must demonstrate each of these legal elements:

A hospital or doctor was bound to perform its duties in accordance with the applicable standard of care. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself is not a cause of injury; it must be proven that the breach directly caused the injury and was the direct cause of the injury.

To protect the rights of patients, and to ensure that a doctor does not commit further malpractice, it is necessary to file a report with the state medical board. However, filing a report does not initiate an action and is usually just a step towards getting the malpractice case moving. It is often best to consult with a Syracuse malpractice lawyer before filing a report or any other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court on behalf of the plaintiff will then go over these documents and, if they believe that there could be an issue with malpractice and they file a complaint along with an affidavit to the court detailing the medical error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document like hospital billing information and notes from the clinic, and then taking the defendant physician's deposition, where attorneys question the defendant about his or her knowledge of the case under the oath.

The plaintiff's attorney will use this information to prove the elements of a claim for medical malpractice in court. This includes the existence of an obligation on the doctor's part to provide treatment and treatment to patients; the doctor's infraction of this duty a causal relationship between the breach and the patient's injury or death and a substantial amount of damages resulting from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence pertinent to their case. This includes medical Malpractice Attorneys records prior to and following the alleged malpractice, information about expert witnesses and tax returns, copies or other documents relating to out-of-pocket expenses which the plaintiff claims were incurred, and also the names and contact details for witnesses who are expected to appear at 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 a medical mistake. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical negligence case, an injured patient must prove that the doctor's negligence caused harm to a specific person that is 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 a court reporter, who records the questions as well in the responses. The deposition is 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, mostly doctors. If a doctor is interrogated and asked to answer questions in an honest and open manner under the oath. Usually, the physician is asked questions by one attorney and later cross-examined by a second attorney. This is an important stage of the case and requires the complete attention and focus of the doctor.

A deposition is a way for attorneys to gather a full background of the doctor in terms of his or their education, training and experience. This information is crucial in showing that the doctor violated your standards of care and that this breach caused you harm. Physicians who have been educated in this area are likely to declare that they have experience performing specific procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates a legal process of disclosure, also known as discovery, which is where you and your doctor's team work together to gather evidence to prove your case. This typically includes medical records and testimony from an expert witness.

The goal of proving negligence is to prove that your physician's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had followed the standard of care. Your doctor's lawyers will argue defenses that go against the evidence that your attorney has presented.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice the decades of evidence demonstrate that juries make reasonable judgments of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.