How to File a
Medical Malpractice LawsuitMany medical malpractice lawsuits require a lot of time and resources from both doctors and
attorneys. This can include attorney time as well as court fees expert witness fees, and other costs.
A medical malpractice case can be filed in the event that a healthcare professional was negligent, has committed misconduct, made an error, or failed to take action. Plaintiffs seeking compensation for their injuries can seek damages,
attorneys including actual economic loss, such as the future and past medical bills, as well as non-economic losses such as pain and suffering.
Complaint
A medical malpractice case has many moving parts and requires reliable evidence to prevail. The person who was injured or their attorney, when the patient has passed away must show each of these legal elements:
The defendant did not fulfill that obligation. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot cause injury on its own. It must be proven that it directly caused the injury and was the primary reason for the injury.
It is typically necessary to file a formal complaint with a state medical body in order to protect the rights of the patient and ensure that the doctor does not engage in further mistakes. However, filing a claim is not the start of a lawsuit and is often just a first step to getting the malpractice claim moving. It is often best to consult with a Syracuse attorney for malpractice prior to making a report or other document.
Summons
A summons or claim is filed in a courtroom and sent to the defendant doctor
attorneys as part of the legal process. A court-appointed lawyer for the plaintiff will then look over the documents and, if they believe that there could be an issue with malpractice the lawyer will file a complaint and affidavit with the court describing the medical error that is claimed to be the cause.
The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents such as hospital billing information or clinic notes, as well as conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the situation under an oath.
The attorney for the plaintiff will use this information to demonstrate the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient and the amount of damages to warrant a monetary award.
Discovery
During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records before and after the suspected malpractice, information on experts and tax returns, copies or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred, and also the names and contact details for any witnesses who will testify at trial.
Most states have a statute of limitation that allows injured patients only the time period of a certain amount of years after a medical mishap to pursue a lawsuit. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."
To prevail in a medical negligence case the patient who was injured must prove that a physician's negligence caused a specific harm like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their death or injury.
Deposition
Depositions are question-and-answer sessions which take place in the presence a court reporter, who records the questions as well in the responses. The deposition is a part of the discovery process in which parties gather information to be used in the trial.
Attorneys may ask a series of questions to witnesses, usually doctors. When a doctor is deposed and asked to answer questions in a straight and honest manner under oath. Typically, the doctor is first questioned by an attorney and later interviewed by another attorney. This is an essential stage of the case and requires the complete attention and focus of the doctor.
A deposition can help attorneys obtain a detailed background on the doctor's background, including his or his education, training, and experience. This information is crucial in proving the doctor breached your standards of care and that this breach caused injury. Physicians who have been educated in this field will typically be able to prove they have experience with certain procedures and techniques that could be relevant to a particular medical-malpractice case.
Trial
Your lawyer will make a complaint to the court and issue a summons. This starts the process of legal disclosure known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This typically consists of medical records as well as testimony from experts.
To prove that you committed a crime it is necessary to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present defenses that go against the evidence presented by your attorney.
Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence confirm that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries are skeptical of inflated award amounts. The vast majority malpractice cases are settled prior to trial.