How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by a healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Victims of injury may seek compensation damages, which could include actual economic loss such as past and future medical bills, as well as noneconomic losses such as pain and suffering.

Complaint

A medical malpractice lawsuits malpractice case is complex and requires a solid proof of the claim for success. The person who was injured, or their attorney when the patient has passed away, must be able to prove each of these elements:

A hospital or doctor was required to act in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't in itself cause injury. It must be proved that it caused the injury directly and was the primary cause for the injury.

It is typically necessary to file a formal complaint with a state medical board in order to protect the patient's rights and ensure that the doctor doesn't commit any further mistakes. However, filing a report does not initiate an action, and is often just a first step to getting the malpractice case moving. It is recommended to speak with an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

As part of the legal process an order or claim form is filed with the court and delivered to the doctor who is the defendant. A plaintiff's lawyer appointed by the court will look over these documents. If it appears there is a malpractice issue the lawyer will file an affidavit as well as a complaint with the court, describing the claimed mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document such as hospital invoices as well as notes from clinics and conducting a deposition of the doctor who is being sued, where attorneys question the defendant on his or their knowledge of the matter under oath.

This information will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical malpractice at trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; an causal connection between the breach and the patient's injury or death; and a sufficient amount of damages resulting from the accident or death to warrant a monetary award for compensation.

Discovery

During the process of discovery, both sides are able to ask for and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, details about experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact details of witnesses who will be testifying at trial.

There are many states with a statute of limitations that restricts the time a patient has to pursue a lawsuit after being injured due to an error made by a doctor. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

To prevail in a Medical Malpractice Attorney malpractice lawsuit an injured victim must show that a doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who records both the questions and responses. The deposition is a part of the discovery process, in which parties gather information for use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors, a series of questions. When a physician is deposed and questioned, they must answer all questions honestly under the oath. Typically, the doctor is first questioned by an attorney and later interrogated by a different attorney. This is a crucial step in the trial, and the physician must focus on it with complete attention.

A deposition is an excellent method for lawyers to obtain details about the doctor, including their education, training, and experience. This information is crucial for proving the doctor breached your standard of care and caused injury. For example, physicians who have trained in the area of malpractice cases typically will affirm that they have extensive experience performing certain procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the appropriate court. This begins the process of legal disclosure, also known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This typically includes medical records and testimony from an expert witness.

The goal of proving malpractice is to prove 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 be prevented if the doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented to you by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice years of evidence show that jury verdicts reflect reasonable assessments of damages and negligence, and that juries are skeptical of excessive award amounts. The vast majority of malpractice cases settle before trial.