How to File a Medical Malpractice Lawsuit
Both lawyers and doctors have to spend a significant amount of time and money in many
medical malpractice lawsuits. This investment covers physician time and work product, attorney time, court costs, expert witness fees, and countless other expenses.
A medical malpractice claim may be filed in the event that a healthcare professional has been negligent or has committed misconduct, made an error, or acted in a way that was not. Injury victims can seek compensation for economic losses, such as past or future
medical malpractice attorneys expenses and also non-economic damages, such as discomfort and pain.
Complaint
A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to prevail. The person who was injured (or their attorney if they've lost their claim) must prove each of the following legal aspects of the case:
That a hospital or doctor was required to act according to the standards of care in force. The defendant failed to meet this duty. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not cause injury on its own. It must be shown that it directly caused the injury and was the primary reason for the injury.
It is usually necessary to file a complaint with a medical board in the state in order to safeguard the patient's rights and ensure that the doctor doesn't engage in further negligence. However, filing a complaint is not the start of a lawsuit and is often just a first step to getting the malpractice claim moving. It is recommended to speak with an Syracuse malpractice lawyer before filing a report, or any other type of document.
Summons
A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then review these documents and, if it appears that there may be an incident of malpractice the lawyer will file an affidavit and complaint before the court describing the medical error that they believe to have committed.
The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence including hospital billing or clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath regarding his or her knowledge regarding the case.
The plaintiff's attorney will use this information to establish the elements of a claim for medical malpractice during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's injuries or death; and a sufficient amount of damages that result from the accident or death to be able to justify a monetary compensation.
Discovery
During the process of discovery both sides are entitled to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, details about experts, copies of tax return or other documentation related to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact details of any witnesses who will be appearing at trial.
The majority of states have a statute of limitation that gives injured people a certain number of years after an injury or medical mistake to file a lawsuit. These limitations are set by the laws of the state and are subject to a rule known as the "discovery rules."
To prevail in a medical malpractice lawsuit, the injured patient must prove that the negligence of a doctor caused specific harm, like physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injury or death.
Deposition
Depositions are essentially question-and-answer meetings that take place in presence of a court reporter who records the questions as well in the responses. The deposition is an element of the discovery procedure, which involves gathering information that can be used in the course of a trial.
Attorneys can ask a series questions to witnesses, usually doctors. When a doctor is deposed and asked to answer questions truthfully under an oath. Usually, the physician is first asked questions by an attorney and later cross examined by another attorney. This is an essential stage of the case and requires the complete attention and focus of the physician.
A deposition allows attorneys to obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial in proving the doctor breached your standard of care and caused you injury. Doctors who have been trained in the area will often testify they have extensive experience with certain procedures and techniques that may be relevant to an individual medical malpractice case.
Trial
Your lawyer will file a complaint with the court and a summons. This starts the process of legal disclosure known as discovery. Your doctor and your team will work together to collect evidence to support your case. This evidence usually comprises medical records and testimony of an expert witness.
The goal of proving malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor followed the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your attorney.
Despite the myth that doctors are a target for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts typically reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle prior to trial.