How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in many medical malpractice lawsuits. This can include attorney time as well as court fees expert witness fees, and other costs.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission could result in a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic losses such as future and past medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A harrison medical malpractice law firm malpractice lawsuit is made up of many moving parts and requires credible evidence to win. The patient who has been injured (or their attorney if they've died) must prove each of the following legal elements of the claim:

The defendant breached that duty. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot in itself cause injury. It must be proven that it caused the injury directly and was the primary reason for the injury.

It is sometimes required to file a complaint with a state Bourbonnais medical malpractice lawyer board to protect the rights of the patient and ensure that the doctor doesn't commit further mistakes. A report is not a lawsuit, but it could be an effective first step towards starting the malpractice claim. It is usually recommended to consult a Syracuse lawyer for malpractice 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 process. A lawyer for the plaintiff appointed by the court will review the documents. If it appears that there may be a malpractice case and the lawyer files an affidavit and a complaint with the court, describing the alleged error.

The next step is to obtain evidence by pretrial disclosure. This involves filing requests for documents, such as hospital billing and notes from clinics, and taking the deposition of the defendant's physician. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

The plaintiff's attorney will use this information to prove the elements of a claim for medical malpractice during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's infraction of this obligation as well as a causal connection between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and following the alleged malpractice, information about expert witnesses, copies of tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims to have incurred, as well as the names and contact details for any witnesses who will testify at trial.

Most states have a statute of limitations that allows injured patients only the time period of a certain amount of years after a medical error to pursue a lawsuit. These limitations are set by state laws and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawsuit, the injured patient must demonstrate that the negligence of the doctor caused a specific injury like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in front of a court reporter who records both the questions as well as the responses. Depositions are a part of the discovery process in which parties collect information for use in the trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. If a doctor is deposed by a lawyer, the doctor must answer all questions truthfully under the oath. Typically, the doctor is first asked questions by an attorney and then the attorney is cross-examined by another attorney. This is a crucial stage in the trial and the physician has to focus on it with complete attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor's qualifications in relation to his or their education, training and experience. This information is essential to proving that the physician breached the standards of care in your case and that the breach directly resulted in injury. Physicians who have received training in this area often be able to prove they have experience performing certain procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue a summons. This begins a legal process of disclosure known as discovery where you and the doctor's team work together to gather information to prove your case. This usually includes medical records and the testimony of expert witnesses.

To prove that you committed a crime you must prove that the doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your physician acted according to the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the legend that doctors are a target for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts typically reflect reasonable assessment of damages and negligence and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases settle prior to trial.