How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in a variety of medical malpractice lawsuits. This investment includes attorney time and court costs, expert witness fees and other costs.

A medical malpractice case 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 acted in a way that was not. Injury victims can seek compensation for economic losses, including future or past medical malpractice attorney bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be able to prevail. The injured patient (or their attorney if they've died) must be able to prove each of the following legal elements of the claim:

The hospital or doctor had a duty to perform its duties in accordance with the applicable standard of care. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care is not a cause of injury; it must be shown that the breach directly caused the injury and was the proximate cause of the injury.

It is usually required to file a complaint with a state medical body in order to protect the rights of the patient and to ensure that the doctor doesn't engage in further errors. A report is not a lawsuit however, it is the first step to getting the malpractice claim started. It is advisable to speak with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal procedure, a summons or claim forms is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court for the plaintiff will then look over the documents and, if it is found that there is an incident of malpractice, they will file an affidavit and complaint with the court, describing the medical error that is claimed to be the cause.

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

The attorney for the plaintiff will use this information to prove the elements of a claim for medical malpractice during trial. These include the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the doctor's violation of this duty; a causal relationship between the breach and the patient's injury or death; and a sufficient 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 pertinent to their case. This includes medical records prior to and after the suspected malpractice, information on expert witnesses and tax returns or other documents relating to out-of-pocket expenses which the plaintiff claims were incurred, along with the names and asystechnik.com contact details for witnesses who are expected to appear at trial.

Most states have a statute-of-limitations that limit the length of time that a patient is allowed to sue after being injured by an error made by a doctor. The length of time is typically set by law of the state, and are subject to a rule known as the "discovery rule."

In order to win a medical malpractice lawsuit the patient who was injured must prove that a doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence a court reporter, who takes notes of the questions as well with the answers. The deposition is an element of the discovery process, in which parties collect information to use in the trial.

Attorneys can ask a series questions to witnesses, typically doctors. If a doctor is interrogated, they must answer all questions in an honest and open manner under oath. Typically, the doctor is asked questions by an attorney and then cross-examined by another attorney. This is a crucial stage of the process and requires the full attention and focus of the doctor.

A deposition allows attorneys to gather a full background of the doctor's qualifications in relation to his or the training, education and experience. This information is essential for showing that the doctor violated the standard of care in your particular case and that the breach directly caused you injury. Physicians who have received training in this area are likely to declare that they have experience in performing certain techniques and procedures that may be relevant to a specific medical-malpractice case.

Trial

A civil court is officially initiated when your lawyer files a complaint and summons with the appropriate court. This initiates a legal process of disclosure, also known as discovery, where you and the doctor's team work together to gather evidence to support your case. This evidence usually includes medical records as well as expert witness testimony.

The objective of proving that you have committed a malpractice is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present arguments that do not agree with the evidence presented by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts generally reflect fair judgments about the extent of negligence and damages and that juries are skeptical about inflated damage awards. The majority of malpractice cases settle prior to trial.