How to File a Medical Malpractice Lawsuit
Both physicians and lawyers must invest significant time and
Medical malpractice attorneys money in many medical malpractice lawsuits. This can include physician hours and work product and attorney time court costs as well as expert witness fees and countless other expenses.
A traumatic injury caused by a healthcare professional's negligence, mistakes, or error can give rise to a medical malpractice claim. Injury victims can seek compensation for financial losses, such as past or future
medical Malpractice attorneys bills and also non-economic damages, such as discomfort and pain.
Complaint
A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to succeed. The patient who has been injured or their attorney, if the patient has died must demonstrate each of these legal elements:
That a doctor or hospital had a duty to act according to the standard of care applicable. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.
It is often necessary to file a formal complaint with a state medical board to protect the rights of the patient and to ensure that the doctor does not engage in further malpractice. A report is not a lawsuit, however, it is an effective first step towards starting the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney prior to making any report or other document.
Summons
As part of the legal process an order or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court on behalf of the plaintiff will then go over these documents and, if they believe that there is an issue with malpractice the lawyer will file a complaint along with an affidavit to the court detailing the medical error that they believe to have committed.
The next step in the legal process is obtaining evidence through pretrial discovery. This involves making requests for evidence such as hospital bills and notes from clinics, and taking depositions of the defendant physician. Attorneys will then ask the defendant under oath as to their knowledge of the case.
This information will be used by the attorney representing the plaintiff to prove elements of a claim for medical malpractice during trial. This includes the existence of a duty on the doctor's part to provide medical care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's injury or death and a sufficient amount of damages that result from the death or injury to justify a monetary award of compensation.
Discovery
During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical records from prior to and after an incident of negligence, information on experts and tax returns or other documents relating to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact information of any witnesses who will be appearing in the trial.
Most states have a statute-of limitations that restricts the time a patient has to seek compensation for injuries caused by an error in medical care. These time limits are typically determined by state law, and are subject to rules known as the "discovery rule."
To prevail in a medical malpractice lawsuit, the injured patient must demonstrate that the negligence of the doctor resulted in specific harm 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 are conducted in the presence of the court reporter who takes notes of both the questions and responses. The deposition is a part of the discovery process through which the parties collect evidence to use in the trial.
Attorneys can pose a number of questions to witnesses, usually doctors. When a physician is deposed and asked to answer questions truthfully under the oath. Usually, the physician is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is an important stage of the case that requires the complete concentration and attention of the physician.
A deposition is a fantastic opportunity for lawyers to gather an in-depth background on the doctor, including his or the doctor's education,
medical Malpractice attorneys training and experience. This information is crucial to showing that the doctor violated the standard of care in your case and that the breach directly caused you injury. For instance, doctors who have completed training in the area of malpractice cases will typically be able to prove that they have a lot of experience in performing certain procedures and methods that could be relevant to a particular
medical malpractice claim.
Trial
Your lawyer will submit a complaint to the court, along with a summons. This initiates the process of legal disclosure known as discovery. You and your doctor's team will work together to collect evidence to support your case. The evidence typically includes medical records and testimony from an expert witness.
The goal of proving negligence is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your physician acted according to the standard of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.
Despite the myth that doctors are targets for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts typically reflect fair assessments of negligence and damages, and juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle prior to trial.