How to File a
Medical Malpractice Lawsuit
Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This includes attorney time and court costs expert witness fees, and other costs.
A medical malpractice claim may be filed if a healthcare professional is negligent or has acted in a manner that is illegal, made an error, or failed to take action. Plaintiffs seeking compensation for injuries can file for economic losses, like past or future medical bills as well as non-monetary damages, such as discomfort and pain.
Complaint
A medical malpractice case is a complicated one and requires evidence of credibility to be able to prevail. The person who was injured or their attorney, if the patient has died, must prove each of these legal elements:
That a doctor or hospital had a responsibility to follow the standards of care in force. The defendant violated this duty. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care cannot cause injury on its own. It must be proved that it directly caused the injury and was the primary reason for the injury.
It is often necessary to file a complaint with a state medical body in order to safeguard the patient's rights and ensure that the doctor doesn't commit further mistakes. But, filing a report is not a way to start an action, and is often just a step towards getting the malpractice claim moving. It is generally recommended to consult an 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 then delivered to the defendant physician. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there is an instance of malpractice and they file a complaint along with an affidavit with the court describing the medical error that is claimed to be the cause.
The next step is to collect evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing records or clinic notes, as well as taking the defendant physician's deposition, where attorneys question the defendant about his or her knowledge of the case under the oath.
The lawyer for the plaintiff will utilize this information to establish 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 physician's breach of this duty as well as a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary award.
Discovery
During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records before and after the incident of an alleged malpractice, details about expert witnesses and tax returns or other documentation related to the out-of-pocket expenses that the plaintiff claims to have incurred, and the names and contact details for any witnesses who will testify at trial.
There are many states with a statute of limitations that limits the time a patient has to pursue a lawsuit after being injured due to an error made by a doctor. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."
To prevail in a
Medical Malpractice Attorney malpractice lawsuit, a patient who has been injured has to show that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injuries or death.
Deposition
Depositions are sessions of question and answer that take place in the presence a court reporter, who records the questions as well as the answers. The deposition is a part of the discovery process which consists of gathering information that can be used in a trial.
Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a physician is deposed to testify, he or she must answer all questions truthfully under the oath. Usually, the physician is first interrogated by an attorney and then interrogated by a different attorney. This is an important stage in the trial and the doctor must focus on it with complete attention.
A deposition is a fantastic opportunity for lawyers to gather an extensive background on the doctor, including his or their education, training, and experience. This information is essential to convincing the court that the doctor did not adhere to your standards of care and that this breach caused you injury. For instance, doctors who have received training in the area of malpractice cases usually declare that they have a vast experience performing certain procedures and methods that may be relevant to a specific medical malpractice case.
Trial
A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This starts the legal disclosure process known as discovery. You and your doctor's team will collaborate to collect evidence to support your case. This evidence usually includes medical records as well as testimony of an expert witness.
The goal of proving negligence is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your doctor followed the standards of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your lawyer.
Despite the belief that doctors are the target of frivolous claims of malpractice the decades of evidence show that jury verdicts reflect reasonable estimates of negligence and damages, and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases settle prior to trial.