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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 physicians and lawyers. This includes doctor hours and work product and attorney time court costs and expert witness fees and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent, has committed misconduct or committed an error or failed to act. Injury victims can seek compensation for economic losses, including future or past medical expenses and also non-economic damages, like discomfort and pain.

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, should the patient die, must demonstrate each of these legal elements:

That a doctor firm or hospital had a responsibility to perform its duties in accordance with the applicable standard of care. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself does not cause injury, but it has to be shown that the breach directly caused the injury and was the primary cause of the injury.

To protect the rights of patients, and to ensure that a physician does not continue to commit mistakes, it is essential to file a complaint with the state medical board. A report is not a lawsuit but it can be an effective first step towards getting the malpractice claim started. It is generally recommended to consult an Syracuse malpractice lawyer prior to making a report or other document.

Summons

As part of the legal process an order or claim form is filed with the court, and then delivered to the doctor who is the defendant. A plaintiff's lawyer appointed by the court will review these documents. If it appears there is a malpractice issue the lawyer is required to file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital invoices or clinic notes, as well as taking the deposition of the defendant's physician, where attorneys question the defendant about his or their knowledge of the matter under an oath.

The plaintiff's attorney will use this evidence to prove the elements of a medical negligence claim at trial. These include the existence of a duty on the physician's part to provide care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's injuries or death and a substantial amount of damages resulting from the death or injury to justly award monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records from before and after an incident of negligence, information on experts, copies of tax return or other documents relating to expenses out of pocket the plaintiff claims have been attributable to them, and the names and contact details of witnesses who are expected to testify during the trial.

Most states have a statute of limitations that allows injured patients only some time after an injury or medical mistake to make a claim. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

In order to win a medical malpractice lawsuit the patient who was injured must prove that the doctor's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of an official court reporter who records both the questions and the answers. Depositions are a part of the discovery process, in which the parties gather information to be used in a trial.

Depositions allow attorneys to ask witnesses, usually doctors for a series of questions. When a physician is deposed, they must answer all questions in a straight and honest manner under an oath. Usually the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial step in the trial and the doctor must be attentive to the case.

A deposition is a fantastic opportunity for lawyers to gather details about the doctor, including his or her training, education and experience. This information is critical to prove that the doctor did not meet the standards of care in your situation and that the breach resulted in injury. For instance, doctors who have been trained in the field of malpractice cases generally affirm that they have extensive knowledge of certain procedures and methods that may be relevant to a specific medical malpractice lawyer-malpractice claim.

Trial

Your lawyer will make a complaint to the court and a summons. This triggers a legal procedure of disclosure, also known as discovery, where you and the doctor's team collaborate to collect evidence to prove your case. This typically consists of medical records and testimony from expert witnesses.

To prove that you committed a crime it is necessary to prove that the actions of your doctor were not in accordance with the standards 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 according to the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are the target of unsubstantiated claims of malpractice, decades of empirical evidence confirm that jury verdicts reflect fair assessment of the severity of the damage and negligence, and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.