How to File a Medical Malpractice Lawsuit
Many medical malpractice lawsuits require a lot of time and resources from both physicians and
lawyers. This can include attorney time and court costs as well as expert witness fees and other costs.
A serious injury that is the result of a healthcare professional's negligence, misconduct, error or omission can give rise to medical malpractice claims. Victims of injury may seek compensation damages, including the actual economic losses such as future and past medical bills as well as non-economic expenses like pain and suffering.
Complaint
A medical malpractice case is a complicated one and requires proof of credibility to be successful. The injured patient (or their attorney if they've passed away) must show each of these legal aspects of the claim:
The defendant did not fulfill that obligation. The defendant violated that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a standard of care does not necessarily cause injury. It must be proved that it directly caused the injury and was the main reason for the injury.
To safeguard the rights of a patient and to ensure that a physician does not continue to commit mistakes, it is essential to file a report with the state medical board. However, filing a report does not start an action and is usually just a step towards getting the malpractice claim moving. It is recommended to consult with a Syracuse malpractice lawyer prior to filing a report, or any other type of document.
Summons
As part of the legal process a summons or claim forms is filed with the court and handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will go through these documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, describing the alleged error.
The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the case under oath.
The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice case in court. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the doctor's breach of this duty as well as a causal connection between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary award.
Discovery
During the process of discovery both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, details about experts as well as copies of tax returns or other documentation related to expenses out of pocket the plaintiff claims have been caused, and the names and contact details of any witnesses who are expected to testify in the trial.
There are many states with a statute of limitations that limits the amount of time a patient can pursue a lawsuit after being injured due to medical error. The length of time is typically determined by the law of the state and are subject to rules referred to as the "discovery rule."
To prevail in a medical malpractice lawsuit, the patient must prove that the negligence of a doctor caused a specific injury like 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 essentially question-and-answer meetings that are conducted in the presence a court reporter, who takes notes of the questions as well in the responses. Depositions are a part of the discovery process in which the parties gather information to use in the trial.
Attorneys may ask a series of questions to witnesses, usually doctors. If a physician is interrogated and questioned, they must answer all questions truthfully under an oath. Usually, the physician is questioned questions by one attorney, and then cross-examined by a different attorney. This is an important stage in the trial and the doctor must focus on it with complete attention.
A deposition can help attorneys gather a full background of the doctor in terms of his or the training, education and experience. This information is crucial to showing that the doctor violated the standard of care in your situation and that the breach directly resulted in injury. For example, physicians who have been trained in the area of malpractice cases typically will declare that they have a vast experience in performing specific procedures and techniques that may be relevant to a specific
medical malpractice lawyers malpractice claim.
Trial
A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This initiates a legal process of disclosure called discovery, which is where you and your doctor's team work together to gather evidence to prove your case. The evidence typically comprises
medical malpractice lawyer records and expert witness testimony.
To prove malpractice it is necessary to prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had acted in accordance with the standards of care. Your doctor's lawyers will present arguments that are contrary to the evidence provided by your attorney.
Despite the belief that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect reasonable assessment of damages and negligence and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle prior to trial.