How to File a Medical Malpractice Lawsuit
Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This can include physician hours and work product and attorney time court costs, expert witness fees, and many other costs.
A traumatic injury caused by a healthcare professional's negligence, incompetence, error or omission could result in medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, which could include actual economic losses such as past and future medical bills, as well as noneconomic expenses like pain and suffering.
Complaint
A medical malpractice case has many moving parts and requires reliable evidence to prevail. The patient who has been injured or their attorney, should the patient die must be able to prove each of these elements:
That a hospital or doctor had a duty to act according to the applicable standard of care. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be proved that the breach directly caused the injury and was the proximate reason for the injury.
In order to protect the rights of patients, and to ensure that a doctor is not committing further wrongdoing, it's necessary to file a complaint with the state medical board. However, filing a report is not a way to start an action, and is often just a first step to getting the malpractice claim moving. It is best to consult a Syracuse malpractice attorney 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 doctor. A lawyer appointed by the court for the plaintiff will then review these documents and, if they believe that there could be an incident of malpractice the lawyer will submit a complaint and an affidavit with the court describing the alleged medical error.
The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation like hospital billing and clinic notes, as well as taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath as to his or her knowledge regarding the case.
The information provided will be used by the lawyer for the plaintiff to prove elements of an action for medical malpractice during trial. The elements of a
medical malpractice lawyer malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.
Discovery
During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical records from before and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket the plaintiff claims have been incurred, and the names and contact information of witnesses who will be testifying during the trial.
The majority of states have a statute of limitations that gives injured people the time period of a certain amount of years after a medical error to pursue a lawsuit. The length of time is typically determined by the law of the state and
medical malpractice attorneys they are subject to rules known as the "discovery rule."
To prevail in a
medical malpractice attorneys malpractice case the patient who was injured must show that a doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their death or injury.
Deposition
Depositions are questions and answer sessions conducted in the presence of a court reporter who records both the questions and answers. The deposition is a part of the discovery process through which the parties gather information to be used in a trial.
Attorneys are able to ask a series of questions to witnesses, typically doctors. When a physician is deposed and questioned, they must answer the questions truthfully under oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is an important stage in the case and the doctor must focus on it with complete attention.
A deposition allows attorneys to obtain a detailed background on the doctor's background in terms of his or his education, training, and experience. This information is crucial for showing that the doctor violated your standards of care and that this breach caused you harm. For example, physicians who have completed training in the area of malpractice cases will typically declare that they have a vast experience performing specific procedures and techniques that could be relevant to a particular medical malpractice claim.
Trial
A lawsuit in a civil court is officially 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 support your case. This usually includes
medical malpractice attorneys records as well as testimony from an expert witness.
To prove malpractice it is necessary to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had followed the standards of care. The lawyer for your doctor will present defenses which contradict the evidence presented by your lawyer.
Despite the myth that doctors are the target of frivolous claims of malpractice years of evidence shows that jury verdicts reflect reasonable judgments of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases settle before trial.