How to File a
Medical Malpractice LawsuitBoth lawyers and doctors have to invest significant time and money in a variety of medical malpractice lawsuits. This investment covers physician time and work product attorneys' time court costs, expert witness fees, and countless other expenses.
An injury resulting from an healthcare professional's negligence, misconduct, error or omission can give rise to a medical malpractice claim. The injured party can seek compensation for economic losses, including past or future medical expenses as well as non-monetary damages, such as pain and discomfort.
Complaint
A medical malpractice attorneys (
her response) malpractice case is a complicated one and requires evidence of credibility to be successful. The patient who has been injured (or their attorney if they've lost their claim) must be able to prove each of the following legal elements of the claim:
The defendant did not fulfill that duty. That the defendant breached that obligation. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care cannot cause injury on its own. It must be demonstrated that it directly caused the injury and
Medical malpractice attorneys was the primary reason for the injury.
It is often necessary to file a formal complaint to a state medical board to protect the rights of the patient and to ensure that the doctor doesn't commit further errors. A report is not a lawsuit, but it can be a good first step in beginning the process of bringing a malpractice claim. It is recommended to speak with an Syracuse malpractice attorney prior to 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 physician. A plaintiff's lawyer who is appointed by the court will look over these documents. If it appears there is a malpractice issue the lawyer will file an affidavit and complaint with the court, detailing the alleged mistake.
The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing information and clinic notes and taking the defendant physician's deposition where lawyers question the defendant on his or his knowledge of the situation under an oath.
The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice claim at trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's infraction 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 justly award monetary compensation.
Discovery
During the discovery process, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, information regarding experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have caused, and the names and contact details of witnesses who are expected to testify during the trial.
The majority of states have a statute of limitations that limits the period that a patient must sue after being injured by an error in medical care. These time limits are determined by the laws of the state and are subject to a rule called the "discovery rules."
In order to win a medical negligence lawsuit, the patient has to prove that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injuries or death.
Deposition
Depositions are question-and-answer sessions which take place in the presence a court reporter, who will record the questions as and the answers. The deposition is a part of the discovery procedure, which is about gathering information that can be used in a trial.
Depositions permit attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is deposed to testify, he or she must answer all questions truthfully under an oath. Usually, the physician is first interrogated by an attorney and then cross examined by another attorney. This is a crucial phase in the trial and the physician must be attentive to the case.
A deposition allows attorneys to gather a full background of the doctor's background, including his or their education, training and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach directly resulted in injury. For instance, doctors who have trained in the area of malpractice cases generally testify that they have vast knowledge of certain procedures and methods that could be relevant to a particular medical-malpractice claim.
Trial
A civil court is officially launched when your lawyer file a complaint and summons with the court of your choice. This begins a legal process of disclosure known as discovery where you and your physician's team collaborate to collect information to prove your case. This evidence typically includes medical records and the testimony of expert witnesses.
The purpose of proving malpractice is to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented to you by your lawyer.
Despite the common belief that doctors are the target of false claims of malpractice years of evidence show that jury verdicts reflect fair judgments of negligence and damages, and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled before trial.