How to File a
Medical Malpractice LawsuitMany medical malpractice lawsuits demand a significant amount of time and resources from both doctors and attorneys. This investment includes physician hours and work product as well as attorney time court costs as well as expert witness fees and countless other expenses.
An injury caused by an healthcare professional's negligence, mistake, or omission can give rise to
medical malpractice claims. Victims of injury can seek compensation for economic losses, including past or future medical bills, as well as noneconomic damages, like discomfort and pain.
Complaint
A medical malpractice case is complex and requires proof of credibility to be successful. The injured patient (or their attorney if they've died) must be able to prove each of the following legal aspects of the case:
The defendant breached that duty. The defendant failed to meet this duty. The breach directly caused injury for the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care doesn't cause injury; however, it must be shown that the breach directly caused the injury and was the direct cause of the injury.
It is typically necessary to file a complaint with a state medical board to protect the patient's rights and ensure that the doctor doesn't engage in further errors. However, filing a report does not start a lawsuit and is often just a beginning step in getting the malpractice claim moving. It is best to consult a Syracuse malpractice attorney prior to filing any report or document.
Summons
A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A court-appointed lawyer for the plaintiff will then review these documents and, if it is found that there may be an issue with malpractice, they will file an affidavit and complaint to the court detailing the medical error that they believe to have committed.
The next step is obtaining evidence by pretrial disclosure. This involves submitting requests for documentation such as hospital invoices and notes from the clinic, and then taking the defendant's deposition where lawyers question the defendant on his or his knowledge of the case under an oath.
The information provided will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's failure to fulfill this duty, a causal link between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary award.
Discovery
During the process of discovery, both sides are entitled to request and receive evidence relevant to the case. This includes medical records from before and after an incident of alleged negligence, information on experts and tax returns, copies of the tax return or other documentation related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact information of any witnesses who will testify at trial.
Most states have a statute-of-limitations which limits the amount of length of time that a patient is allowed to claim compensation after suffering injuries due to a medical mistake. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."
In order to win a medical negligence lawsuit, an injured patient must prove that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for their injury or death.
Deposition
Depositions are question and answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and the responses. Depositions are a part of the process of discovery in which the parties collect evidence to use in a trial.
Depositions permit attorneys to ask witnesses, typically doctors, a series of questions. If a physician is interrogated by a lawyer, the doctor must answer all questions truthfully under the oath. Usually, the physician is initially questioned by an attorney before being the attorney is cross-examined by another attorney. This is an important stage in the case, and the physician must be attentive to the case.
A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including his or their education, training, and experience. This information is crucial in showing that the doctor violated the standard of care you expect and caused injury. Physicians who have been educated in this area often declare that they have knowledge of certain techniques and procedures that could be relevant to a specific medical-malpractice case.
Trial
A lawsuit in a civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal disclosure process called discovery. Your doctor and your team will work together in order to gather evidence that can prove your case. This evidence usually includes medical records and testimony of an expert witness.
The objective of proving that you have committed a malpractice is to establish that the actions of your doctor fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standards of care. Your doctor's lawyers will present defenses that contradict the evidence provided by your attorney.
Despite the belief that doctors are targets for false claims of malpractice, decades of empirical evidence show that jury verdicts are based on reasonable assessments of damages and negligence, and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases settle prior to trial.