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How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in many medical malpractice lawsuits [Maxtremer link for more info]. This investment includes physician hours and work product and attorney time, court costs, expert witness fees, and many other costs.

An injury caused by a healthcare professional's negligence, misconduct, error or omission can result in a medical malpractice claim. Injury victims can seek compensation for economic losses, such as future or past medical bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to be successful. The injured person or their attorney in the event that the patient has passed away must be able to prove each of these elements:

That a hospital or doctor was bound to perform its duties in accordance with the applicable standard of care. The defendant did not fulfill that duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care does not in itself cause injury. It must be proved that it caused the injury directly and was the primary reason for the injury.

In order to protect a patient's rights, and to ensure that a doctor doesn't commit any further mistakes, it is essential to file a report with the state medical board. However, filing a report is not the start of a lawsuit and is often just a beginning step in moving the malpractice claim. It is usually recommended to consult with an Syracuse malpractice lawyer before filing a report, or any other type of document.

Summons

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

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document such as hospital billing information or clinic notes, as well as taking the defendant's deposition where lawyers question the defendant on his or her knowledge of the case under oath.

The attorney for the plaintiff will use this information to establish the elements of a medical malpractice lawyers malpractice claim during trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's infraction of this duty causality between the breach and the patient's injury or death; and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase where both parties are permitted to request any evidence relevant to their case. This includes medical records from prior to and after an incident of negligence, information about experts and tax returns or other documentation related to out-of-pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of witnesses who will be appearing during the trial.

Most states have a statute of limitations that allows injured patients only an amount of time after an injury or medical mistake to make a claim. These limitations are set by the laws of the state and are subject to a rule known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured has to prove that the negligence of a doctor resulted in 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 questions and answer sessions conducted in the presence of a court reporter who documents both the questions and answers. Depositions are part of the process of discovery in which parties collect information for use in a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a physician is deposed, they must answer all questions in a straight and honest manner under the oath. Usually, the physician is initially questioned by an attorney, and then interviewed by another attorney. This is a crucial phase of the trial and requires the complete attention and focus of the physician.

A deposition can help attorneys obtain a detailed background on the doctor in terms of his or his education, training, and experience. This information is crucial to proving the doctor breached your standards of care and caused injury. Doctors who have been trained in this area often testify they have extensive knowledge of certain techniques and procedures that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins a legal process of disclosure, also known as discovery, where you and the doctor's team work together to gather evidence to prove your case. This usually includes medical records and the testimony of expert witnesses.

To prove that you committed a crime it is essential to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standards of care. The attorneys for your doctor will present defenses that go against the evidence provided by your attorney.

Despite the common belief that doctors are targets for frivolous claims of malpractice Evidence from decades confirm that jury verdicts reflect fair estimates of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases are settled prior to trial.