How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This investment covers physician time and work product as well as attorney time, court costs and expert witness fees and many other costs.

An injury caused by an healthcare professional's negligence, incompetence, error or omission can give rise to a medical malpractice claim. Injury victims may seek compensatory damages, including actual economic losses such as future and past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The patient who has been injured (or their attorney if they've lost their claim) must show each of these legal aspects of the claim:

The hospital or doctor was bound to act according to the applicable standard of care. The defendant erred in his obligation. The breach directly caused injury for the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself does not cause injury; it must be proven that the breach directly caused the injury and was the proximate reason for the injury.

It is often necessary to file a formal complaint with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit any further malpractice. A report is not a lawsuit however, it is the first step to starting the malpractice claim. It is often best to consult 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 appointed by the court will examine the documents. If it appears there could be a malpractice claim and the lawyer files an affidavit and complaint with the court, describing the claimed mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing records or clinic notes, as well as taking the defendant's deposition in which attorneys ask the defendant about his or his knowledge of the situation under oath.

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

Discovery

During the discovery process 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 alleged negligence, information about experts and tax returns or other documentation relating 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 at trial.

Most states have a statute-of limitations that limits the length of time that a patient is allowed to pursue a lawsuit after being injured due to a medical malpractice law firms mistake. The length of time is typically determined by the law of the state and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor caused specific harm, such as 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 that take place in the presence a court reporter, who records the questions as well and the answers. Depositions are part of the discovery process which involves 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 asked to answer questions truthfully under oath. Typically, the doctor is first interrogated by an attorney, and then interrogated by a different attorney. This is an essential stage of the trial and requires the full attention and focus of the physician.

A deposition is a fantastic way for attorneys to get an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is crucial for convincing the court that the doctor did not adhere to the standard of care you expect and that this breach caused you harm. Physicians who have been educated in this field will typically affirm that they have years of experience with certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This triggers a legal procedure of disclosure called discovery, where you and the doctor's team work together to gather evidence to support your case. The evidence typically includes medical malpractice lawyer records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented to you by your attorney.

Despite the belief that doctors are targets for false claims of malpractice, decades of empirical evidence demonstrate that jury verdicts reflect fair assessments of damages and negligence and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases are settled before trial.