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 attorneys' time, court costs as well as expert witness fees and countless other expenses.

A serious injury that is the result of medical professional's negligence, misconduct, error or omission can give rise to medical malpractice claims. Victims of injury can seek compensation for financial losses, such as future or past medical expenses, as well as noneconomic injuries, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is a complex one and requires proof of credibility to be able to prevail. The patient who has been injured, or their attorney when the patient has passed away must show each of these legal elements:

The defendant did not fulfill that obligation. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not directly cause injury. It must be shown that it caused the injury directly and was the primary reason for the injury.

It is typically necessary to file a formal complaint with a medical board in the state in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit further errors. However, filing a claim is not the start of an action and is usually only a first step in making the malpractice claim move. It is recommended to consult an Syracuse attorney for malpractice prior to making a report or other type of document.

Summons

As part of the legal procedure, an order or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will go through the documents. If it appears that there may be a malpractice case the lawyer is required to file an affidavit and complaint with the court, describing the possible mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information as well as notes from clinics and taking the defendant's deposition during which lawyers ask the defendant about his or her knowledge of the case under an oath.

The plaintiff's attorney will use this information to demonstrate the elements of a claim for medical malpractice during trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's breach of this duty; an causal connection between the breach and the patient's death or injury and a significant amount of damages that result from the injury or death to justify a monetary award of compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records from before and after an incident of alleged negligence, information on experts, copies of tax return or other documentation relating to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact information of any witnesses who will be appearing in the trial.

Most states have a statute-of limitations that limits the amount of time a patient can claim compensation after suffering injuries due to a Cicero medical malpractice law firm mistake. These limitations are set by the laws of the state and are subject to a law known as the "discovery rules."

To prevail in a medical negligence case an injured victim must prove that a doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who documents both the questions and answers. Depositions are part of the discovery process in which the parties collect evidence for use in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a physician is interrogated and questioned, they must answer the questions truthfully under the oath. Typically, the doctor is initially questioned by an attorney, and then interrogated by a different attorney. This is a crucial step in the trial, and the physician must be attentive to the case.

A deposition is an excellent way for attorneys to get an extensive background on the doctor, including his or her training, education and experience. This information is essential for showing that the doctor violated the standards of care in your particular case and that the breach caused you harm. Doctors who have been trained in the area will often affirm that they have years of experience performing certain techniques and procedures that may be relevant to a particular medical-malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the appropriate court. This begins a legal disclosure process called discovery. Your doctor and your staff will work together to gather evidence to prove your case. This typically consists of la verkin medical malpractice lawsuit records and the testimony of experts.

To prove malpractice, you must establish that the doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standards of care. Your doctor's lawyers will present arguments that are contrary to the evidence that your attorney has presented.

Despite the myth that doctors are targets for frivolous malpractice claims, decades of empirical research proves that jury verdicts usually reflect fair assessment of damages and negligence, and that juries are skeptical of overinflated damages awards. The vast majority of malpractice cases settle prior to trial.