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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This can include physician hours and work product and attorney time court costs and expert witness fees and many other costs.

An injury resulting from the negligence of a healthcare professional's incompetence, error or omission can give rise to a medical malpractice claim. Injury victims can seek compensation for economic losses, like future or past medical bills as well as non-monetary injuries, such as pain and discomfort.

Complaint

A Medical malpractice law firm malpractice case is complex and requires credible proof to be able to prevail. The injured patient (or their attorney if they have died) must be able to prove each of the following legal elements of the claim:

The defendant did not fulfill that duty. That the defendant breached that duty. That the breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care does not cause an injury, but it must be proved that the breach directly caused the injury and was the proximate cause of the injury.

In order to protect a patient's rights, and to ensure that a doctor doesn't commit any further malpractice, it is necessary to file a claim with the state medical board. A report is not a lawsuit, but it can be an effective first step towards beginning the process of bringing a malpractice claim. It is recommended to talk with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

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

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing records as well as notes from clinics and taking the deposition of the defendant's physician in which attorneys ask the defendant about his or her knowledge of the case under an oath.

The attorney for the plaintiff will use this information to establish the elements of a medical malpractice claim at trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's violation of this duty; causality between the breach and the patient's death or injury and a sufficient amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical malpractice lawyer records before and following the mishaps, information about expert witnesses, copies of tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred and the names and contact information for witnesses who are expected to be present at trial.

There are many states with a statute of limitations that limits the time a patient has to seek compensation for injuries caused by a medical mistake. These time limits are typically set by law of the state, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, a patient who has been injured has to show that the doctor's negligence caused a specific injury like 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 question-and-answer sessions that take place in presence of a court reporter who takes notes of the questions as well as the answers. The deposition is part of the discovery procedure, which is about gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a set of questions. When a physician is deposed and questioned, they must answer each question truthfully under oath. Usually, the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is an important stage of the trial and requires the full attention and focus of the doctor.

A deposition is a great way for attorneys to obtain an in-depth background on the doctor, including his or her training, education and experience. This information is crucial for proving the doctor breached the standard of care you expect and resulted in injury to you. For instance, doctors who have been trained in the field of malpractice cases usually be able to prove that they have a lot of experience in the execution of specific procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. The process begins with a legal requirement of disclosure known as discovery which is where you and your doctor's team work together to gather evidence to support your case. This usually comprises medical records and testimony from an expert witness.

The purpose of proving malpractice is to prove that the actions of your doctor fell short of 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 doctor acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages and juries are skeptical of inflated damage awards. The majority of malpractice cases settle before trial.