How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This investment covers physician time and work product and attorney time court costs and expert witness fees and many other costs.

A traumatic injury caused by medical professional's negligence, misconduct, error or omission could result in a medical malpractice claim. Victims of injury can seek compensation for financial losses, such as future or past medical expenses and also non-economic damages, such as discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility for success. The patient who has been injured (or their attorney if they've died) must prove each of the following legal elements of the claim:

The defendant did not fulfill that duty. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care itself doesn't cause injury; it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is sometimes required to file a complaint with a medical board in the state in order to protect the patient's rights and ensure that the doctor doesn't commit further errors. But, filing a report does not initiate the process of a lawsuit, and is typically just a step towards making the malpractice claim move. It is best to consult a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for plaintiff will then review these documents and, if it is found that there could be an issue with malpractice, they will file an affidavit and complaint to the court detailing the wildwood medical malpractice lawsuit error that is claimed to be the cause.

The next step is obtaining evidence by pretrial disclosure. This involves submitting documents like hospital billing information and clinic notes and taking the defendant physician's deposition during which lawyers ask the defendant about his or her knowledge of the case under the oath.

The plaintiff's attorney will use this evidence to prove the elements of a claim for medical malpractice during trial. The elements of a liberal medical malpractice lawyer malpractice case include the existence of a duty on the part of the physician to provide medical and treatment to patients, the doctor's violation of this duty and a causal link between the breach and injury or death of the patient and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records prior to and after an incident of alleged negligence, information about experts and tax returns or other documents related to out-of-pocket expenses that the plaintiff claims to have caused, and the names and contact information of any witnesses who will be testifying at trial.

The majority of states have a statute of limitations that limit the time a patient has to claim compensation after suffering injuries due to an error in medical care. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured must prove that the doctor's negligence resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are questions and answer sessions that are conducted in front of a court reporter who documents both the questions as well as the responses. Depositions are part of the discovery process, in which parties gather information for use in the trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. When a physician is deposed to testify, he or she must answer all questions honestly under an oath. Typically, the doctor is initially questioned by an attorney before being the attorney is cross-examined by another attorney. This is a crucial phase of the trial and requires the full attention and focus of the physician.

A deposition is an excellent way for attorneys to obtain details about the doctor, including his or the doctor's education, training and experience. This information is essential to proving the doctor breached your standards of care and that this breach caused you injury. Physicians who have received training in this field will typically testify they have extensive experience in performing specific procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the court of your choice. This starts a legal disclosure process called discovery. Your doctor and your team will collaborate to gather evidence to prove your case. This typically includes medical records and testimony of an expert witness.

The goal of proving negligence is to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standards of care. The lawyers for your doctor will present defenses that contradict the evidence provided by your attorney.

Despite folklore suggesting that doctors are a target for frivolous malpractice claims, decades of empirical research proves that jury verdicts tend to reflect fair assessments of negligence and damages, and juries are skeptical of inflated damage awards. The majority of malpractice cases are settled before trial.