How to File a Medical Malpractice Lawsuit
Both physicians and lawyers must invest significant time and money in the many lawsuits involving
medical malpractice lawsuits malpractice. This includes attorney time, court fees expert witness fees, court costs and other expenses.
A medical malpractice claim may be filed in the event that a healthcare professional was negligent, has committed misconduct or committed an error or failed to act. Injury victims can seek compensation for financial losses, such as future or past
medical malpractice law firms expenses and also non-economic injuries, such as pain and discomfort.
Complaint
A medical malpractice case has many moving parts and requires a solid evidence to prevail. The injured patient or their attorney, if the patient has died, must be able to prove each of these elements:
The defendant did not fulfill that obligation. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury, but it must be proven that the breach directly caused the injury and was the primary cause of the injury.
To protect a patient's rights, and to ensure that a doctor doesn't commit any further wrongdoing, it's necessary to file a complaint with the state medical board. A report is not a lawsuit but it can be a good first step in initiating the malpractice lawsuit. It is often best to consult with a Syracuse attorney for malpractice prior to filing a report or any other type of document.
Summons
A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over these documents. If it is determined that there could be a malpractice claim and the lawyer files an affidavit as well as a complaint with the court, describing the claimed mistake.
The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation, such as hospital billing and notes from clinics, and taking depositions of the defendant physician. Attorneys will then inquire with the defendant under oath as to his or her knowledge regarding the case.
The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case during 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 doctor's infraction of this obligation, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.
Discovery
During the process of discovery, both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, information about experts as well as copies of tax returns or other documentation relating to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact information of witnesses who will testify in the trial.
The majority of states have a statute of limitations which allows injured patients the time period of a certain amount of years after a medical mishap to pursue a lawsuit. The time limit is set by state laws and are subject to a law known as the "discovery rules."
To prevail in a
Medical Malpractice law firms malpractice lawsuit, the injured patient must show that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.
Deposition
Depositions are essentially question-and-answer meetings that are conducted in the presence of a court reporter who will record the questions as with the answers. The deposition is an element of the discovery process, which consists of gathering information that can be used in the trial.
Depositions permit attorneys to ask witnesses, often doctors for a series of questions. When a physician is deposed and questioned, they must answer all questions in an honest and open manner under an oath. Usually, the physician is questioned questions by one attorney and is then cross-examined in the presence of another attorney. This is an important stage of the trial and requires the full concentration and attention of the doctor.
Depositions are a great way for attorneys to obtain a detailed background of the doctor, including his or the doctor's education, training and experience. This information is crucial for showing that the doctor violated your standard of care and that this breach caused you harm. For example, physicians who have been trained in the area of malpractice cases typically will be able to prove that they have a lot of experience in performing specific procedures and techniques that could be relevant to a particular medical-malpractice claim.
Trial
Your lawyer will make a complaint to the court and a summons. This is the beginning of the legal disclosure process known as discovery. Your doctor and your staff will work together to gather evidence to support your case. This evidence typically includes medical records and testimony from expert witnesses.
The goal of proving negligence is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence that your attorney has presented.
Despite the common belief that doctors are targets for fraudulent malpractice claims years of evidence confirm that jury verdicts reflect reasonable assessments of damages and negligence, and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases settle before trial.