How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This investment covers physician time and work product, attorney time, court costs, expert witness fees, and countless other expenses.

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission could result in a medical malpractice claim. The injured party can seek compensation for economic losses, such as future or past medical expenses, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit is a complex one and requires evidence of credibility to be able to prevail. The injured person, or their attorney if the patient has died must prove each of these legal elements:

A hospital or doctor had a responsibility to follow the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury, but it has to be proved that the breach directly caused the injury and was the main reason for the injury.

It is typically necessary to file a formal complaint with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit further errors. A report is not a lawsuit however, it is the first step to initiating the malpractice lawsuit. It is best to consult a Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process a summons or claim forms is filed with the court and then handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will review these documents. If it is determined that there may be a malpractice case, the lawyer will file an affidavit and complaint with the court, detailing the claimed error.

The next step is to obtain evidence through pretrial disclosure. This involves making requests for evidence like hospital billing and notes from clinics, and taking the deposition of the defendant physician. Attorneys will then question the defendant under oath regarding his or her knowledge of the case.

The information provided will be used by the lawyer for the plaintiff to establish the elements of a sycamore medical malpractice lawyer malpractice claim at trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injuries or death; and a sufficient amount of damages resulting from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records that were taken prior to and after an incident of negligence, details about experts, copies of tax return or other documents related to out-of-pocket expenses that the plaintiff claims have been attributable to them, and the names and contact details of witnesses who will testify during the trial.

There are many states with a statute of limitations that limits the period that a patient must sue after being injured by an error made by a doctor. These time limits are determined by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical negligence case, an injured patient must prove that a doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of the court reporter who takes notes of both the questions and the answers. Depositions are a part of the discovery process in which the parties gather information to use in the trial.

Attorneys can pose a number of questions to witnesses, usually doctors. If a physician is interrogated, he or she must answer all questions truthfully under the oath. Usually, the physician is first interrogated by an attorney and later interviewed by another attorney. This is a crucial stage of the case and requires the complete concentration and attention of the doctor.

A deposition is a way for attorneys to obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to showing that the doctor violated the standard of care in your particular case and that the breach directly resulted in injury. Physicians who have been trained in this field will typically testify they have extensive experience in performing certain procedures and techniques that could be relevant to a particular omak medical malpractice attorney-malpractice case.

Trial

A civil court is officially initiated when your lawyer files a complaint and summons with the appropriate court. This initiates the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to prove your case. This usually includes medical records and testimony from an expert witness.

To prove malpractice it is essential to establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts typically reflect reasonable evaluations of damages and negligence and that juries are skeptical about excessive damage awards. The vast majority of malpractice cases are settled before trial.