How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and lawyers. This can include physician hours and work product, attorney time, court costs as well as expert witness fees and countless other expenses.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which could include actual economic losses, such as past and future medical bills, as well as noneconomic loss such as pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to succeed. The patient who has been injured (or their attorney if they've died) must demonstrate each of the following legal elements of the claim:

The defendant violated this obligation. The defendant violated that duty. The breach directly caused injury for the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause an injury; however, it must be shown that the breach directly caused the injury and was the primary reason for the injury.

To safeguard the rights of a patient, and malpractice to ensure that a doctor does not commit further mistakes, it is essential to file a complaint with the state medical board. A report is not a lawsuit, however, it is an effective first step towards beginning the process of bringing a malpractice claim. It is recommended to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer appointed by the court will go through the documents. If it is determined that there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, detailing the claimed error.

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

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice case at trial. This includes 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; an causal connection between the breach and the patient's injury or death; and a sufficient amount of damages that result from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, information regarding 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 any witnesses who will testify during the trial.

There are many states with a statute of limitations that restricts the period that a patient must claim compensation after suffering injuries due to medical error. The length of time is typically set by law of the state, and are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, the injured patient must prove 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 the negligent treatment caused their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of a court reporter who records both the questions as well as the answers. Depositions are a part of the process of discovery in which parties gather information to use in a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a doctor is deposed, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial stage in the case and the physician has to focus on it with complete attention.

A deposition is a way for attorneys to obtain a detailed background on the doctor in terms of his or her education, training and experience. This information is essential for showing that the doctor violated the standards of care in your situation and that the breach directly resulted in injury. For instance, malpractice doctors who have been trained in the field of malpractice cases generally be able to prove that they have a lot of experience performing specific procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This is the beginning of a legal disclosure process called discovery. You and your doctor's team will work together in order to gather evidence that can prove your case. This typically includes medical records as well as testimony from an expert witness.

To prove malpractice it is essential to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had acted in accordance with the standard of care. Your doctor's lawyers will argue defenses that go against the evidence provided by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts typically reflect fair judgments about the extent of negligence and damages and that juries are skeptical of overinflated damages awards. The majority of malpractice cases are settled before trial.