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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 includes physician hours and work product as well as attorney time court costs and expert witness fees and countless other expenses.

A medical malpractice case can be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or acted in a way that was not. Victims of injury may seek compensation damages, which could include actual economic loss, such as the past and future medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to succeed. The person who was injured or their lawyer if the patient has died, must demonstrate each of these legal elements:

That a hospital or doctor was required to follow the applicable standard of care. The defendant violated this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care does not necessarily cause injury. It must be demonstrated that it caused the injury directly and was the primary cause for the injury.

It is typically required to file a complaint with a medical malpractice law firm board in the state in order to safeguard the rights of the patient and to ensure that the doctor does not commit additional mistakes. However, filing a claim does not initiate an action, and is often just a first step to moving the malpractice claim. It is 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 the court and is sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will go through the documents. If it appears that there could be a malpractice claim the lawyer is required to file an affidavit and a complaint with the court, detailing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation, such as hospital billing and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's violation of this duty as well as a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the process of discovery both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of negligence, information on experts and tax returns, copies of the tax return or other documents relating to out-of pocket expenses that the plaintiff claims have been attributable to them, and the names and contact information of any witnesses who are expected to testify at trial.

Most states have a statute-of limitations that restricts 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 referred to as the "discovery rule."

In order to win a medical negligence lawsuit, the injured patient 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 question and answer sessions that are conducted in front of the court reporter who takes notes of both the questions and the responses. Depositions are part of the discovery process, in which parties collect information for use in the trial.

Depositions permit attorneys to question witnesses, often doctors for a series of questions. When a doctor is deposed they must answer all questions in a straight and honest manner under the oath. Usually, the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is a crucial stage of the case and requires the complete concentration and attention of the physician.

A deposition is a way for attorneys to gain a thorough understanding of the doctor in terms of his or the training, education and experience. This information is essential to prove that the doctor did not meet the standard of care you expect and that this breach caused you harm. For instance, doctors who have received training in the area of malpractice cases generally testify that they have vast knowledge of certain procedures and methods that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will make a complaint to the court and issue a summons. This starts the process of legal disclosure, also known as discovery. You and your doctor's team will work together to collect evidence to support your case. This evidence usually includes medical records as well as testimony of an expert witness.

To prove malpractice it is essential to establish that the actions of your doctor were below the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyer will present defenses that contradict the evidence presented to you by your attorney.

Despite the myth that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence shows that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of inflated award amounts. The vast majority malpractice cases are settled before trial.