How to File a
Medical Malpractice Lawsuit
Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and lawyers. This includes attorney time as well as court fees, expert witness fees and other expenses.
A
medical Malpractice attorney malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal, made an error, or acted in a way that was not. Injury victims can seek compensation for economic losses, such as future or
medical Malpractice attorney past medical expenses and also non-economic damages, like discomfort and pain.
Complaint
A medical malpractice lawsuit is a complex one and requires evidence of credibility to be able to prevail. The patient who has been injured (or their attorney if they've died) must be able to prove each of the following legal aspects of the case:
That a doctor or hospital was required to follow the applicable standard of care. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not necessarily cause injury. It must be demonstrated that it directly caused the injury and was the primary cause for the injury.
To protect the rights of a patient and to ensure that a physician does not commit further malpractice, it is necessary to file a report with the state medical board. However, filing a complaint does not initiate a lawsuit and is often only a first step in making the malpractice claim move. It is often best to consult a Syracuse malpractice lawyer before making a report or other document.
Summons
A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer appointed by the court will look over these documents. If it appears that there could be a malpractice claim the lawyer will file an affidavit, along with a complaint to the court, describing the suspected error.
The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information as well as notes from clinics and taking the defendant physician's deposition in which attorneys ask the defendant on his or their knowledge of the matter under an oath.
This information will be utilized by the lawyer representing the plaintiff to prove the elements of an action for medical malpractice at trial. This includes the existence of a duty on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's injuries or death and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.
Discovery
During the process of discovery, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records that were taken prior to and after an incident of negligence, information on experts and tax returns, copies of the tax return or other documentation related to out-of pocket expenses that the plaintiff claims to have attributable to them, and the names and contact information of any witnesses who will be testifying in the trial.
Most states have a statute of limitation which allows injured patients the time period of a certain amount of years after a medical error to pursue a lawsuit. The time limit is usually set by law in 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 doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injuries or death.
Deposition
Depositions are sessions of question and answer that are conducted in the presence a court reporter, who records the questions as well in the responses. The deposition is a part of the discovery process which consists of gathering information that can be used in the trial.
Depositions allow attorneys to question witnesses, often doctors for a series of questions. If a physician is interrogated to testify, he or she must answer all questions honestly under the oath. Typically, the doctor is first questioned by an attorney before being interrogated by a different attorney. This is a crucial phase of the case that requires the full attention and focus of the physician.
A deposition allows attorneys to obtain a detailed background on the doctor's background in terms of his or her education, training and experience. This information is critical to showing that the doctor violated the standard of care in your particular case and that the breach directly caused you harm. For example, physicians who have been trained in the area of malpractice cases usually declare that they have a vast experience in the execution of specific procedures and techniques that may be relevant to a particular medical malpractice case.
Trial
Your lawyer will make a complaint to the court, along with a summons. This is the beginning of the legal disclosure process known as discovery. Your doctor and your team will collaborate to gather evidence to support your case. This evidence typically includes medical records and the testimony of expert witnesses.
To prove that you committed a crime you must prove that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your lawyer.
Despite the belief that doctors are the target of frivolous claims of malpractice years of evidence show that jury verdicts reflect fair assessment of the severity of the damage and negligence, and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases settle prior to trial.
