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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes attorney time and court costs, expert witness fees and other expenses.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal, made an error, or acted in a way that was not. Injury victims can seek compensation for financial losses, such as past or future medical expenses, as well as noneconomic damages, like discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to be successful. The injured patient (or their attorney if they have died) must be able to prove each of the following legal elements of the claim:

That a doctor or hospital was required to act according to the standard of care applicable. The defendant breached this duty. The breach directly caused injury for the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself is not a cause of injury, but it must be proven that the breach directly caused the injury and was the direct reason for the injury.

It is often necessary to file a claim with a state medical board in order to safeguard the rights of the patient and ensure that the doctor does not commit additional malpractice. But, filing a report does not initiate an action, and is often just a first step to moving the malpractice claim. It is best to consult a Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and delivered to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will then go over these documents and, if they believe that there is an issue with malpractice, they will file a complaint and affidavit with the court, describing the alleged medical error.

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

This information will be used by the lawyer for the plaintiff to prove elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's breach of this duty and a causal connection between the breach and injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the process of discovery, each side is entitled to request and receive evidence relevant to the case. This includes medical malpractice law firms records from before and after an incident of negligence, information regarding experts, copies of tax return or other documents relating to expenses out of pocket the plaintiff claims have been incurred, and the names and contact details of witnesses who will be testifying at trial.

Most states have a statute of limitation which allows injured patients some time after a medical error to make a claim. Those time limits are usually determined by the law of the state and are subject to rules called the "discovery rule."

To prevail in a medical malpractice claim the injured person must prove that the 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 presence a court reporter, who is able to record the questions as as the answers. The deposition is an element of the discovery process in which parties collect information to be used in a trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a doctor is deposed and asked to answer questions honestly under oath. Typically, the doctor is initially questioned by an attorney, and then interviewed by another attorney. This is a crucial step in the case and the physician must be attentive to the case.

A deposition is a way for attorneys to gather a full background of the doctor in terms of his or their education, training and experience. This information is crucial in convincing the court that the doctor did not adhere to the standard of care you expect and caused you injury. Physicians who have been trained in this area are likely to testify they have extensive knowledge of certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates a legal process of disclosure, also known as discovery, which is where you and your doctor's team work together to gather information to prove your case. The evidence usually consists of medical records and testimony from expert witnesses.

To prove that you committed a crime it is essential to establish that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your lawyer.

Despite the legend that doctors are a target for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts usually reflect fair evaluations of damages and negligence and that juries are skeptical of overinflated damages awards. The majority of malpractice cases settle prior to trial.