How to File a Medical Malpractice Lawsuit

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

A medical malpractice claim can be filed when a healthcare professional is negligent or has acted in a manner that is illegal or erred, or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, such as past or future medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The injured patient (or their attorney if they've lost their claim) must demonstrate each of the following legal aspects of the case:

The defendant breached that obligation. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself does not cause an injury, but it has to be proved that the breach directly caused the injury and was the direct reason for the injury.

In order to protect a patient's rights, and to ensure that a doctor does not continue to commit mistakes, it is essential to file a claim with the state medical board. However, filing a complaint is not the start of the process of a lawsuit, and is typically just a first step to getting the malpractice claim moving. It is advisable to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

As part of the legal process a summons or claim forms is filed with the court and handed to the defendant doctor. A lawyer appointed by the court will look over the documents. If it appears that there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, describing the suspected mistake.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for documentation including hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a claim for medical malpractice lawyer malpractice at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's violation of this duty and a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from before and after an incident of alleged negligence, information on experts as well as copies of tax returns or other documentation relating to expenses out of pocket that the plaintiff claims have been attributable to them, and the names and contact information of witnesses who will be testifying during the trial.

The majority of states have a statute of limitations that restricts the length of time that a patient is allowed to claim compensation after suffering injuries due to an error made by a doctor. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."

To win a Medical Malpractice (Highwave.Kr) lawsuit, an injured patient has to prove that the negligence of a doctor resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who documents both the questions and the answers. The deposition is an element of the process of discovery in which the parties collect evidence for use in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a doctor is questioned, they must answer all questions honestly under the oath. Typically, the doctor is first interrogated by an attorney, and then cross examined by another attorney. This is an essential stage of the process and requires the complete concentration and attention of the doctor.

Depositions are a great way for attorneys to get an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is crucial to showing that the doctor violated the standards of care in your particular case and that the breach directly resulted in injury. Doctors who have been trained in the area will often testify they have extensive experience with certain procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

A civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. This starts the legal disclosure process known as discovery. Your doctor and your staff will work together to gather evidence to support your case. This usually includes medical records as well as testimony from experts.

To prove malpractice you must prove that the actions of your doctor were below the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor acted in accordance with the standard of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite folklore suggesting that doctors are a target for frivolous malpractice claims, decades of empirical research shows that jury verdicts tend to reflect reasonable assessments of negligence and damages, and juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.