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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and attorneys. This can include attorney time, court fees expert witness fees, and other costs.

A serious injury that is the result of an healthcare professional's negligence, mistake, or omission can give rise to a medical malpractice attorneys malpractice claim. Plaintiffs seeking compensation for injuries can file for financial losses, such as future or past medical bills and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be successful. The injured patient (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:

The defendant breached the duty. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care does not cause injury; it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

It is sometimes necessary to file a claim with a state medical body to protect the patient's rights and ensure that the doctor does not commit additional negligence. However, filing a report does not initiate an action, and is often just a first step to getting the malpractice case moving. It is best to consult an Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will examine these documents. If it appears there is a malpractice case and the lawyer files an affidavit as well as a complaint with the court, describing the claimed mistake.

The next step is to obtain evidence by pretrial disclosure. This involves submitting documents like hospital billing records or clinic notes, as well as taking the defendant physician's deposition in which attorneys ask the defendant on his or her knowledge of the case under oath.

The attorney representing the plaintiff will use this information to prove the elements of a claim for medical malpractice in court. This includes the existence of an obligation on the doctor's part to provide treatment and treatment to patients; the physician's infraction of this duty an causal connection between the breach and the patient's death or injury; and a sufficient amount of damages resulting from the injury or death to justly award monetary compensation.

Discovery

During the discovery process, both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and after the an alleged malpractice, details about expert witnesses and tax returns, copies or other documents relating to out-of-pocket expenses which the plaintiff claims were incurred as well as the names and contact information of any witnesses who are scheduled to appear at trial.

Most states have a statute of limitation that permits injured patients the time period of a certain amount of years after a medical mishap to file a lawsuit. These limitations are set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical malpractice claim, an injured patient must prove that the doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who documents both the questions and the answers. The deposition is a part of the discovery process, in which the parties collect evidence to use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. If a physician is interrogated, he or she must answer each question truthfully under oath. Usually, the physician is first interrogated by an attorney before being interviewed by another attorney. This is an important stage in the trial and the doctor must give it their full attention.

A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including their education, training, and experience. This information is critical to showing that the doctor violated the standard of care in your situation and that the breach caused you harm. Physicians who have been educated in the area will often affirm that they have years of experience performing specific procedures and techniques that may be relevant to your particular medical malpractice attorneys malpractice case.

Trial

A civil court is officially launched when your lawyer files a complaint and summons with the appropriate court. This begins the legal disclosure process known as discovery. You and your doctor's team will work together to collect evidence to support your case. This usually includes medical records as well as testimony from experts.

To prove malpractice you must prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries could not have occurred had your doctor acted in accordance with the standard of care. The lawyers for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the common belief that doctors are the target of unsubstantiated claims of malpractice years of evidence confirm that jury verdicts are based on reasonable assessments of damages and negligence and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.