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 includes doctor hours and work product as well as attorney time, court costs and expert witness fees and many other costs.

A medical malpractice attorney malpractice lawsuit can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed an error or failed to take action. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic loss, such as the future and past medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to prevail. The injured patient (or their attorney if they've died) must prove each of the following legal elements of the claim:

That a hospital or doctor was bound to act according to the standards of care in force. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care doesn't cause injury; however, it must be proved that the breach directly caused the injury and was the primary cause of the injury.

It is sometimes necessary to file a formal complaint to a state medical board to protect the patient's rights and ensure that the doctor does not engage in further negligence. A report is not a lawsuit however, it is the first step to initiating the malpractice lawsuit. It is recommended to speak with a Syracuse malpractice lawyer before making a report or other type of document.

Summons

As part of the legal process a summons or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer appointed by the court for plaintiff will then go over these documents and, if it appears that there may be a case of malpractice and they file a complaint and affidavit before the court describing the medical error that is claimed to be the cause.

The next step is obtaining evidence through pretrial disclosure. This includes submitting requests for documentation such as hospital bills or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath as to the details of the case.

This information will be used by the attorney representing the plaintiff to prove the elements of a claim for medical malpractice in court. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's infraction of this obligation and a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records before and after the incident of suspected malpractice, information on expert witnesses, copies of tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims they incurred, as well as the names and contact details for any witnesses who will be called to testify in the trial.

The majority of states have a statute of limitations that allows injured patients only an amount of time after a medical error medical malpractice to pursue a lawsuit. These limitations are set by state laws and are subject to a rule known as the "discovery rules."

In order to win a medical malpractice law firm negligence case, an injured patient must prove that a physician's negligence caused a specific injury like physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who records both the questions and the answers. The deposition is an element of the discovery process, in which the parties gather information to be used in a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a set of questions. If a doctor is interrogated and asked to answer questions in a straight and honest manner under an oath. Typically, the doctor is asked questions by one attorney, and later cross-examined by a second attorney. This is a crucial step in the trial and the physician has to pay attention to it with all their heart.

A deposition is an excellent opportunity for lawyers to gather an extensive background on the doctor, including his education, training 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 directly caused you harm. Doctors who have been trained in the area will often testify they have extensive experience performing specific procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and a summons. This begins a legal process of disclosure, also known as discovery, where you and your physician's team work together to gather information to prove your case. This evidence usually includes medical records as well as testimony from an expert witness.

The purpose of proving malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standards of care. The lawyers for your doctor will present arguments that do not agree with the evidence that your attorney has presented.

Despite the belief that doctors are targets for fraudulent malpractice claims, decades of empirical evidence confirm that jury verdicts are based on reasonable estimates of negligence and damages, and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases are settled prior to trial.