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How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes physician hours and work product and attorney time, court costs as well as expert witness fees and many other costs.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission could result in a medical malpractice claim. Injury victims can seek compensation for financial losses, such as past or future medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice case has many moving parts and requires a solid evidence to win. The patient who has been injured (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

The defendant breached that obligation. That the defendant breached that obligation. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care will not cause injury on its own. It must be proved that it caused the injury directly and was the proximate reason for the injury.

In order to protect the rights of a patient and to ensure that a physician does not continue to commit errors, it is required to file a complaint with the state medical board. A report is not a lawsuit, but it can be an excellent first step in starting the malpractice claim. It is best to consult an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and handed to the defendant physician. A court-appointed lawyer for the plaintiff will review the documents and, if they believe that there is an instance of malpractice and they file a complaint along with an affidavit before the court describing the medical error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents like hospital billing records and notes from the clinic, and then taking the deposition of the defendant's physician in which attorneys ask the defendant about his or his knowledge of the situation under an oath.

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

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts as well as copies of tax returns or other documentation relating to out-of-pocket expenses that the plaintiff claims to have incurred, and the names and contact details of witnesses who will testify at trial.

The majority of states have a statute of limitations that limits the length of time that a patient is allowed to sue after being injured by an error in medical care. These time limits are typically determined by the law of the state and they are subject to rules referred to as the "discovery rule."

To win a medical malpractice claim an injured victim must show that a doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence a court reporter, who is able to record the questions as and the answers. Depositions are part of the discovery process through which the parties collect evidence to use in the trial.

Depositions permit attorneys to question witnesses, often doctors, a series of questions. If a doctor is interrogated they must answer all questions honestly under oath. Usually, the physician is first asked questions by an attorney and later interrogated by a different attorney. This is an important stage of the trial and requires the complete concentration and attention of the physician.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or their education, training and experience. This information is crucial to convincing the court that the doctor did not adhere to your standards of care and that this breach caused you injury. Physicians who have been educated in this area often affirm that they have years of experience performing specific procedures and techniques that could be relevant to your particular medical malpractice case.

Trial

A civil court is officially initiated when your lawyer file a complaint and summons with the appropriate court. This initiates a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect evidence to support your case. The evidence usually consists of medical records as well as testimony from experts.

The objective of proving that you have committed a malpractice is to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor acted in accordance with the standards of care. Your doctor's lawyers will argue defenses that go against the evidence presented by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice, decades of empirical evidence confirm that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled prior to trial.