How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in many medical malpractice lawsuits. This investment includes attorney time, court fees expert witness fees, court costs and other costs.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has committed misconduct or erred, or acted in a way that was not. Victims of injury may seek compensation damages, which include economic losses, such as past and future medical bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to be successful. The person who was injured (or their attorney if they've died) must show each of these legal aspects of the case:

That a hospital or doctor had a duty to perform its duties in accordance with the standards of care in force. 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 does not cause injury, but it has to be proven that the breach directly caused the injury and was the main cause of the injury.

To safeguard a patient's rights, and to ensure that a physician is not committing further wrongdoing, it's necessary to file a claim with the state medical board. A report is not a lawsuit, however, it is an excellent first step in starting the malpractice claim. It is recommended to consult an Syracuse attorney for malpractice prior to filing a report or any other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor medical malpractice lawsuit as part of the legal procedure. A plaintiff's lawyer appointed by the court will go through these documents. If it appears there is a malpractice issue the lawyer will file an affidavit, along with a complaint to the court, describing the alleged mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes making requests for evidence including hospital billing or clinic notes, and taking the deposition of the defendant's physician. Attorneys then will question the defendant under oath about the details of the case.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a medical malpractice case during trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's violation of this duty; causality between the breach and the patient's injuries or death and a substantial amount of damages that result from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records from prior to and after an incident of alleged negligence, information about experts as well as copies of tax returns or other documentation related to expenses out of pocket the plaintiff claims have been incurred, and the names and contact details of any witnesses who are expected to testify at trial.

Most states have a statute-of-limitations which limits the amount of time a patient has to claim compensation after suffering injuries due to an error in medical care. 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 demonstrate that the negligence of the doctor resulted in a specific injury, like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who records both the questions and the answers. Depositions are part of the discovery process through which parties gather information to be used in the trial.

Attorneys can pose a number of questions to witnesses, usually doctors. If a doctor is deposed and questioned, they must answer the questions truthfully under an oath. Usually, the physician is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial phase of the process and requires the full concentration and attention of the doctor.

Depositions are a great way for attorneys to get a detailed background of the doctor, including his education, training and experience. This information is essential to prove that the doctor did not meet your standards of care and that this breach resulted in injury to you. For example, physicians who have been trained in the field of malpractice cases will typically declare that they have a vast experience in the execution of certain procedures and practices that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This initiates a legal process of disclosure, also known as discovery, where you and the doctor's team work together to gather evidence to prove your case. This usually includes medical records and the testimony of experts.

To prove that you committed a crime, you must establish that the actions of your doctor 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 acted in accordance with the standards of care. Your doctor's lawyers will argue defenses that go against the evidence presented by your lawyer.

Despite the common belief that doctors are the target of false claims of malpractice the decades of evidence demonstrate that juries make reasonable judgments of negligence and damages and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.