How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in numerous medical malpractice lawsuits. This investment includes attorney time as well as court fees, expert witness fees and other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or acted in a way that was not. Victims of injury may seek compensation damages, including actual economic loss such as past and future Lexington medical malpractice attorney bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to prevail. The injured patient (or their attorney if they've lost their claim) must be able to prove each of the following legal aspects of the claim:

The defendant did not fulfill that duty. The defendant violated this duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care doesn't directly cause injury. It must be shown that it directly caused the injury and was the main reason for the injury.

To safeguard the rights of patients, and to ensure that a doctor does not continue to commit errors, it is required to file a report with the state medical board. But, filing a report is not the start of the process of a lawsuit, and is typically just a first step to getting the malpractice case moving. It is generally recommended to speak with a Syracuse attorney for malpractice prior to making a report or other 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 lawyer appointed by the court for plaintiff will then go over these documents and, if it appears that there is a case 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 in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation, such as hospital billing or clinic notes, and taking depositions of the defendant's doctor. Attorneys will then inquire with the defendant under oath about his or her knowledge regarding the case.

The information provided will be used by the plaintiff's lawyer to prove elements of an action for medical malpractice during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach of this duty an causal connection between the breach and the patient's death or injury and a sufficient amount of damages resulting from the injury or death to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are allowed to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of negligence, details 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 details of any witnesses who will be appearing at trial.

Most states have a statute of limitation which allows injured patients a certain number of years after a medical error to make a claim. The time limit is usually set by law of the state, and are subject to rules called the "discovery rule."

To win a bowling green medical malpractice attorney malpractice case the patient who was injured must prove that a doctor's negligence caused a specific injury for example, physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who records both the questions and the answers. The deposition is a part of the discovery process, which involves gathering information that can be used in a trial.

Attorneys are able to ask a series of questions to witnesses, which are usually doctors. If a physician is interrogated, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial step in the case and the physician must be attentive to the case.

A deposition allows attorneys to gather a full background of the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach caused you harm. For example, physicians who have completed training in the field of malpractice cases typically will testify that they have vast experience performing certain procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer file a complaint and summons with the court of your choice. This initiates a legal disclosure process called discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. The evidence usually consists of medical records and the testimony of expert witnesses.

To prove malpractice you must prove 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 acted in accordance with the standard of care. The lawyers for your doctor will present arguments that do not agree with the evidence provided by your attorney.

Despite the legend that doctors are a target for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts tend to reflect fair assessments of negligence and damages, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle before trial.