How to File a Medical Malpractice Lawsuit
Both physicians and lawyers must spend a significant amount of time and money in a variety of medical malpractice lawsuits. This can include attorney time, court fees expert witness fees, and other expenses.
A medical malpractice claim can be filed in the event that a healthcare professional has been negligent or has committed misconduct or committed an error or failed to act. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic losses such as future and past
medical malpractice law firm bills, as well as noneconomic loss such as pain and suffering.
Complaint
A medical malpractice case is a complicated one and requires evidence of credibility to be able to prevail. The patient who has been injured (or their attorney if they've died) must be able to prove each of the following legal elements of the claim:
A hospital or doctor was required to follow the standard of care applicable. The defendant breached this duty. The breach directly caused injury to plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself is not a cause of injury; it must be proven that the breach directly caused the injury and was the primary reason for the injury.
To protect the rights of a patient and to ensure that a physician does not commit further mistakes, it is essential to file a report with the state medical board. However, filing a claim does not start an action and is usually just a step towards getting the malpractice case moving. It is best to consult a Syracuse malpractice attorney before filing any report or document.
Summons
A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court on behalf of the plaintiff will then go over these documents and, if it is found that there could be an instance of malpractice, they will submit a complaint and an affidavit with the court, describing the medical error that is claimed to be the cause.
The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents such as hospital invoices and clinic notes and taking the defendant's deposition in which attorneys ask the defendant on his or his knowledge of the situation under the oath.
The plaintiff's attorney will use this information to establish the elements of a claim for medical malpractice during trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's infraction of this duty causality between the breach and the patient's injury or death and a substantial amount of damages that result from the accident or death to warrant a monetary award for compensation.
Discovery
During the discovery process, both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of alleged negligence, details about experts as well as copies of tax returns or other documentation related to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact details of any witnesses who will be appearing in the trial.
Most states have a statute-of-limitations that limit the period that a patient must sue after being injured by
Medical Malpractice Attorneys error. These time limits are typically set by law of the state, and are subject to rules called the "discovery rule."
In order to win a medical negligence lawsuit, the patient has to show that the doctor's negligence resulted in a specific injury, 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 essentially question-and-answer meetings that take place in the presence a court reporter, who will record the questions as in the responses. Depositions are part of the discovery process in which the parties gather information for use in the trial.
Depositions allow attorneys to question witnesses, often doctors to answer a series of questions. When a doctor is questioned and asked to answer questions honestly under the oath. Usually, the physician is questioned questions by an attorney and then cross-examined by a different attorney. This is a crucial stage of the process and requires the complete attention and focus of the physician.
A deposition is a fantastic way for attorneys to get an in-depth background on the doctor, including her training, education and experience. This information is crucial to showing that the doctor violated the standard of care in your case and that the breach resulted in injury. Doctors who have been trained in this area often declare that they have experience performing specific procedures and techniques that could be relevant to a particular medical malpractice case.
Trial
Your lawyer will file a complaint with the court, along with a summons. This begins the legal disclosure process known as discovery. Your doctor and your staff will work together to gather evidence to support your case. This usually includes medical records and testimony of an expert witness.
The purpose of proving malpractice is to establish that your doctor's actions were not in line with the standard 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 lawyers will argue arguments that do not agree with the evidence presented by your attorney.
Despite the myth that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts typically reflect fair evaluations of damages and negligence, and that juries are skeptical about excessive damage awards. The vast majority of malpractice cases are settled prior to trial.