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How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This includes attorney time as well as court fees expert witness fees, and other costs.

A traumatic injury caused by a healthcare professional's negligence, misconduct, error or omission can give rise to a medical malpractice claim. Victims of injury can seek compensation for economic losses, like future or past medical bills as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to be successful. The injured patient (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

That a hospital or doctor was required to perform its duties in accordance with the standard of care applicable. The defendant did not fulfill that duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care itself doesn't cause injury; it must be shown that the breach directly caused the injury and was the main reason for the injury.

To ensure the rights of a patient and to ensure that a physician doesn't commit any further wrongdoing, it's necessary to file a complaint with the state medical board. However, filing a report does not initiate an action, and is often only a first step in making the malpractice claim move. It is usually recommended to consult a Syracuse attorney for malpractice prior to making a report or other type of document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then go over these documents and, if it is found that there could be an instance of malpractice and they file a complaint and affidavit with the court, describing the medical error that they believe to have committed.

The next step is to collect evidence by pretrial disclosure. This involves submitting requests for evidence like hospital billing information or clinic notes, as well as taking the deposition of the defendant's physician, where attorneys question the defendant about his or her knowledge of the case under the oath.

The attorney for the plaintiff will use this information to establish the elements of a medical malpractice attorney malpractice claim at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence pertinent to their case. This includes medical records from before and after an incident of alleged negligence, information on experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims have been caused, and the names and contact details of any witnesses who will testify at trial.

Most states have a statute of limitation that gives injured people the time period of a certain amount of years after a medical mishap to file a lawsuit. The time limit is usually set by law of the state, and are subject to rules known as the "discovery rule."

To win a medical malpractice case the injured person must prove that the doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are questions and medical malpractice attorney answer sessions conducted in the presence of the court reporter who takes notes of both the questions and responses. The deposition is a part of the process of discovery, which is the process of gathering evidence that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. If a doctor is interrogated they must answer all questions honestly under the oath. Usually, the physician is initially questioned by an attorney, and then interviewed by another attorney. This is an important stage of the process and requires the full attention and focus of the physician.

Depositions are a great way for attorneys to get an extensive background on the doctor, including his education, training and experience. This information is crucial to prove that the doctor did not meet the standard of care in your particular case and that the breach resulted in injury. For example, physicians who have received training in the field of malpractice cases typically will be able to prove that they have a lot of experience performing certain procedures and practices that could be relevant to a specific medical malpractice case.

Trial

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

To prove that you committed a crime you must prove that your doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor followed the standard of care. Your doctor's lawyers will present defenses that go against the evidence presented by your lawyer.

Despite the legend that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts tend to reflect reasonable assessments of negligence and damages and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle prior to trial.