How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This investment includes attorney time court fees expert witness fees, court costs and other costs.

An injury caused by medical professional's negligence, incompetence, error or omission can result in a medical malpractice claim. The injured party can seek compensation for financial losses, such as future or past medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice claim is a complex matter and requires a solid proof of the claim to be successful. The person who was injured or their attorney in the event that the patient has passed away, must be able to prove each of these elements:

The defendant did not fulfill that obligation. The defendant erred in his obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care does not in itself cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

To safeguard the rights of patients, and to ensure that a doctor does not commit further wrongdoing, it's necessary to file a report with the state medical board. However, filing a claim does not start a lawsuit and is often just a beginning step in making the malpractice claim move. It is recommended to talk with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and handed to the defendant physician. A lawyer appointed by the court will review the documents. If it appears there is a malpractice case the lawyer will file an affidavit as well as a complaint with the court, describing the alleged mistake.

The next step is obtaining evidence through pretrial disclosure. This includes making requests for evidence such as hospital bills and clinic notes, and taking depositions of the defendant physician. Attorneys will then inquire with the defendant under oath about his or her knowledge regarding the case.

This information will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for Pelham Medical Malpractice Law Firm negligence during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's violation of this duty; a causal relationship between the breach and the patient's injury 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 process, each side is entitled to seek and receive evidence pertinent to the case. This includes gresham medical malpractice law firm records prior to and following the suspected malpractice, information on experts and tax returns, copies or other documentation that pertains to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact details for witnesses who are expected to appear at trial.

The majority of states have a statute of limitation that allows injured patients only some time after a medical error to pursue a lawsuit. The time limit is set by state laws and are subject to a law known as the "discovery rules."

To win a medical malpractice claim, an injured patient must prove that a doctor's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in presence of a court reporter who records the questions as well with the answers. The deposition is an element of the process of discovery, which is the process of gathering evidence that can be used in the trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a doctor is questioned and asked to answer questions truthfully under the oath. Usually, the physician is first asked questions by an attorney before being cross examined by another attorney. This is a crucial stage of the process and requires the complete attention and focus of the doctor.

A deposition is a great way for attorneys to get an extensive background on the doctor, including his or the doctor's education, training and experience. This information is crucial in prove that the doctor did not meet the standard of care you expect and that this breach caused injury. Physicians who have been trained in this area often be able to prove they have experience with certain techniques and procedures that may be relevant to a particular medical-malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This begins a legal process of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This evidence usually comprises medical records and testimony of an expert witness.

The objective of proving that you have committed a malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standard of care. The lawyers for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the common belief that doctors are the target of fraudulent malpractice claims, decades of empirical evidence show that jury verdicts reflect fair judgments of negligence and damages and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.