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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment covers physician time and work product attorneys' time, court costs and expert witness fees and countless other expenses.

An injury caused by medical professional's negligence, mistakes, or error can result in a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic loss such as past and future medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires evidence of credibility to be able to prevail. The person who was injured (or their attorney if they've passed away) must be able to prove each of the following legal elements of the claim:

That a doctor or hospital was bound to act according to the standards of care in force. The defendant erred in his obligation. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself does not cause injury, but it has to be proven that the breach directly caused the injury and was the main cause of the injury.

It is often necessary to file a complaint with a medical board in the state in order to protect patients' rights and ensure that the doctor doesn't commit further negligence. A report is not a lawsuit, however, it is a good first step in beginning the process of bringing a malpractice claim. It is usually recommended to consult an Syracuse lawyer for malpractice before filing a report or any 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 the plaintiff will then look over the documents and, if it appears that there could be an issue with malpractice the lawyer will submit a complaint and an affidavit with the court describing the medical malpractice attorneys (www.plantsg.com.sg) error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents, such as hospital billing and clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant on oath about the details of the case.

This information will be used by the plaintiff's lawyer to prove elements of an action for medical malpractice at trial. 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 doctor's infraction of this obligation as well as a causal connection between the breach and the injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of alleged negligence, details about experts, copies of tax return or other documentation related to expenses out of pocket the plaintiff claims have been attributable to them, and the names and contact information of witnesses who will testify during the trial.

Most states have a statute-of limitations which limits the amount of time a patient has to pursue a lawsuit after being injured due to a medical mistake. These time limits are typically determined by state law, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice claim the injured person must show that a doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions which take place in the presence a court reporter, who takes notes of the questions as well and the answers. Depositions are part of the discovery process in which the parties gather information to be used in the trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a series of questions. When a doctor is questioned, they must answer all questions in a straight and honest manner under an oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial phase in the case and the physician must be attentive to the case.

A deposition can help attorneys gather a full background of the doctor's background in terms of his or his education, training, and experience. This information is crucial to prove that the doctor did not meet your standard of care and that this breach caused you harm. Physicians who have received training in the area will often declare that they have experience with certain techniques and procedures that may be relevant to a particular medical-malpractice case.

Trial

A civil court is officially launched when your lawyer files a complaint and summons with the appropriate court. This initiates a legal disclosure process called discovery. Your doctor and your team will work together to collect evidence to support your case. This evidence typically includes medical records as well as testimony from experts.

The goal of proving malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of frivolous claims of malpractice the decades of evidence demonstrate that juries make reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases settle prior to trial.