How to File a Medical Malpractice Lawsuit
Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This includes doctor hours and work product and attorney time court costs as well as expert witness fees and countless other expenses.
A medical malpractice claim may be filed when a healthcare professional is negligent or has acted in a manner that is illegal,
firm made an error, or acted in a way that was not. Victims of injury may seek compensation damages, which include economic loss such as past and future medical bills, as well as noneconomic loss such as pain and suffering.
Complaint
A
medical malpractice attorneys malpractice case has many moving parts, and requires evidence that is credible evidence to prevail. The patient who has been injured (or their attorney if they have died) must show each of these legal elements of the claim:
The defendant violated this obligation. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care will not in itself cause injury. It must be proved that it directly caused the injury and was the proximate reason for the injury.
To ensure the rights of a patient, and to ensure that a doctor does not continue to commit malpractice, it is necessary to file a complaint with the state medical board. A report is not a lawsuit, however, it is a good first step in initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or other document.
Summons
As part of the legal procedure, a summons or claim forms is filed with the court, and then delivered to the defendant physician. A plaintiff's lawyer who is appointed by the court will look over the documents. If it appears there is a malpractice issue the lawyer will file an affidavit and complaint with the court, detailing the suspected error.
The next step in the legal process is obtaining evidence through pretrial discovery. This involves filing requests for documents such as hospital bills or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath regarding his or her knowledge regarding the case.
The lawyer for the plaintiff will utilize this information to demonstrate the elements of a medical malpractice case during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's breach of this duty as well as a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.
Discovery
During the process of discovery both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documentation relating to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact details of witnesses who will be appearing at trial.
The majority of states have a statute of limitations which allows injured patients some time after an injury or medical mistake to bring a lawsuit. These time limits are typically determined by state law, and they are subject to a rule known as the "discovery rule."
To prevail in a medical malpractice lawsuit the patient who was injured must prove that the doctor's negligence caused 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 are conducted in the presence of an official court reporter who records both the questions and answers. The deposition is an element of the discovery procedure, which consists of gathering information that can be used in the trial.
Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a physician is deposed and questioned, they must answer all questions truthfully under the oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is an important stage in the case and the doctor must focus on it with complete attention.
Depositions are a great way for attorneys to get details about the doctor, including his or their education, training, and experience. This information is essential to establish that the doctor violated the standard of care in your situation and that the breach directly caused injury to you. For example, physicians who have completed training in the field of malpractice cases will typically affirm that they have extensive experience performing certain procedures and practices that may be relevant to a specific medical-malpractice claim.
Trial
Your lawyer will submit a complaint to the court and issue a summons. This initiates a legal process of disclosure known as discovery where you and the doctor's team collaborate to collect evidence to prove your case. This evidence usually comprises medical records and testimony from an expert witness.
To prove malpractice it is necessary to prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor acted according to the standards of care. The lawyer for your doctor will present defenses that go against the evidence presented by your lawyer.
Despite the common belief that doctors are targets for false claims of malpractice years of evidence confirm that juries make reasonable judgments of negligence and damages, and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.