How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This includes attorney time court fees expert witness fees, court costs and other costs.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has committed misconduct or committed an error or failed to take action. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic loss, such as the future and past medical malpractice attorneys (their explanation) bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice law firms malpractice lawsuit is made up of many moving parts and requires reliable evidence to prevail. The injured patient (or their attorney if they've passed away) must show each of these legal elements of the claim:

The defendant violated this obligation. The defendant did not meet this obligation. 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 is not a cause of injury; it must be proved that the breach directly caused the injury and was the proximate cause of the injury.

It is sometimes necessary to file a claim with a medical board in the state to protect the rights of the patient and to ensure that the doctor does not commit any further negligence. A report is not a lawsuit however, it is the first step to beginning the process of bringing a malpractice claim. It is usually recommended to speak with an Syracuse attorney for malpractice prior to filing a report, or any other document.

Summons

As part of the legal process, a summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court will go through these documents. If it appears there may be a malpractice case, the lawyer will file an affidavit and complaint with the court, describing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records and notes from the clinic, and then conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or her knowledge of the case under an oath.

This information will be used by the attorney representing the plaintiff to prove elements of an action for medical 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 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 compensation award.

Discovery

During the discovery process both sides are able to seek and receive evidence pertinent to the case. This includes medical records prior to and after the incident of alleged malpractice, information about expert witnesses and tax returns, copies or other documentation relating to expenses out of pocket that the plaintiff claims they incurred, and the names and contact information for any witnesses who be called to testify in the trial.

The majority of states have a statute of limitations that restricts the length of time that a patient is allowed to sue after being injured by an error in medical care. Those time limits are usually determined by state law, and they are subject to a rule known as the "discovery rule."

To win a medical malpractice claim the patient who was injured must prove that the doctor's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions-and-answer sessions which take place in the presence of a court reporter who takes notes of the questions as well in the responses. The deposition is a part of the discovery process which is about gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is deposed and questioned, they must answer all questions truthfully under an oath. Typically, the doctor is first asked questions by an attorney, and then interviewed by another attorney. This is a crucial stage of the case and requires the complete attention and focus of the physician.

Depositions allow lawyers to obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is essential to proving that the physician breached the standards of care in your situation and that the breach directly caused you injury. For instance, doctors who have received training in the area of malpractice cases will typically declare that they have a vast experience performing certain procedures and techniques that could be relevant to a particular medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. This initiates a legal process of disclosure, referred to as discovery where you and your doctor's team work together to gather evidence to prove your case. The evidence usually consists of medical records as well as testimony from expert witnesses.

The objective of proving that you have committed a malpractice is to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts generally reflect fair assessments of negligence and damages and that juries are skeptical about excessive damage awards. The majority of malpractice cases are settled before trial.