How to File a Medical Malpractice Lawsuit
Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and lawyers. This can include attorney time, court fees expert witness fees, court costs and other expenses.
An injury resulting from the negligence of a healthcare professional's incompetence, error or omission could result in a medical malpractice claim. Injury victims may seek compensatory damages, including actual economic loss, such as the future and past medical bills, as well as non-economic expenses like pain and suffering.
Complaint
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Medical Malpractice law firm malpractice case is complex and requires proof of credibility for success. The injured person or their lawyer should the patient die, must prove each of these legal elements:
That a hospital or doctor was required to act in accordance with the applicable standard of care. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself does not cause injury, but it must be proven that the breach directly caused the injury and was the primary reason for the injury.
It is sometimes necessary to file a complaint to a state medical board in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit further mistakes. However, filing a complaint is not a way to start a lawsuit and is often only a first step in making the malpractice claim move. It is best to consult a Syracuse malpractice attorney before filing any report or other document.
Summons
As part of the legal process, the summons or claim form is filed with the court and delivered to the defendant doctor. A lawyer appointed by the court for plaintiff will then go over these documents and, if they believe that there is an issue with malpractice then they will file an affidavit and complaint to the court detailing the medical error that is claimed to be the cause.
The next step is to collect evidence through pretrial disclosure. This involves submitting requests to document such as hospital invoices and notes from the clinic, and then taking the defendant physician's deposition where lawyers question the defendant on his or their knowledge of the matter under the oath.
This information will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical negligence at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the physician's violation of this duty and a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.
Discovery
During the process of discovery both sides are allowed to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, details about experts as well as copies of tax returns or other documents relating to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact information of any witnesses who are expected to testify in the trial.
Most states have a statute of limitations which allows injured patients a certain number of years after a medical mishap to pursue a lawsuit. These limitations are set by the laws of the state and are subject to a rule known as the "discovery rules."
To win a medical malpractice lawsuit, the patient must show that the doctor's negligence 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 questions-and-answer sessions that take place in the presence a court reporter, who is able to record the questions as in the responses. Depositions are part of the discovery process through which the parties gather information for use in a trial.
Attorneys can ask a series questions to witnesses, mostly doctors. When a doctor is questioned, they must answer all questions in an honest and open manner under oath. Typically, the doctor is first asked questions by an attorney before being the attorney is cross-examined by another attorney. This is a crucial phase of the case and requires the complete attention and focus of the physician.
A deposition allows attorneys to get a complete background on the doctor's background, including his or her education, training and experience. This information is crucial in convincing the court that the doctor did not adhere to your standard of care and caused you harm. For example, physicians who have completed training in the area of malpractice cases usually testify that they have vast experience performing certain procedures and practices that could be relevant to a particular medical malpractice claim.
Trial
Your lawyer will file a complaint with the court and a summons. This is the beginning of the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to gather evidence to support your case. This evidence typically includes
medical malpractice law firm records as well as testimony from expert witnesses.
To prove malpractice, you must establish that your doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standards of care. The lawyers for your doctor will present defenses that contradict the evidence presented by your lawyer.
Despite the common belief that doctors are the target of false claims of malpractice the decades of evidence confirm that jury verdicts reflect reasonable judgments of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled prior to trial.