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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and lawyers. This can include attorney time and court costs expert witness fees, and other expenses.

A traumatic injury caused by a healthcare professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, including actual economic losses such as future and past medical bills, as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice law firms malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to succeed. The injured patient (or their attorney if they have died) must prove each of the following legal aspects of the claim:

The defendant violated this duty. That the defendant breached that obligation. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't cause injury on its own. It must be proved that it caused the injury directly and was the main reason for the injury.

It is typically necessary to file a formal complaint with a state medical board in order to protect the rights of the patient and to ensure that the doctor doesn't commit additional negligence. A report is not a lawsuit, however, it is the first step to beginning the process of bringing a malpractice claim. It is often best to speak with an Syracuse attorney for malpractice prior to filing a report, or any other type of document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for plaintiff will then review these documents and, if it is found that there could be an instance of malpractice, they will submit a complaint and an affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents such as hospital invoices and notes from the clinic, and then taking the deposition of the defendant's physician during which lawyers ask the defendant on his or their knowledge of the matter under oath.

This information will be used by the attorney representing the plaintiff to prove elements of an action for medical malpractice in the course of trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's infraction of this obligation as well as a causal connection between the breach and the injury or death of the patient, and the amount of damages 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 before and after the incident of suspected malpractice, information on expert witnesses and tax returns, copies or other documentation relating to the out-of-pocket expenses that the plaintiff claims to have incurred, as well as the names and contact information for any witnesses who will be called to testify in the trial.

Most states have a statute of limitations which allows injured patients some time after an injury or medical mistake to pursue a lawsuit. These time limits are determined by the laws of the state and are subject to a rule known as the "discovery rules."

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

Deposition

Depositions are question-and-answer sessions conducted in the presence of an official court reporter who records both the questions as well as the answers. The deposition is an element of the discovery process through which the parties gather information for use in the trial.

Depositions permit attorneys to question witnesses, often doctors to answer a series of questions. When a physician is deposed by a lawyer, the doctor must answer each question truthfully under oath. Usually, the physician is first questioned by an attorney before being the attorney is cross-examined by another attorney. This is an important stage of the case and requires the full attention and focus of the doctor.

A deposition is a great method for lawyers to obtain an extensive background on the doctor, including his or her training, education and experience. This information is essential for establish that the doctor violated the standards of care in your case and that the breach resulted in injury. For example, physicians who have completed training in the field of malpractice cases usually testify that they have vast experience performing certain procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

A civil court is launched when your lawyer file a complaint and summons with the appropriate court. This triggers a legal procedure of disclosure known as discovery where you and the doctor's team collaborate to collect evidence to support your case. This typically consists of medical records as well as testimony from expert witnesses.

To prove malpractice, you must establish that the actions of your doctor were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor acted according to the standard of care. Your doctor's lawyers will argue arguments that do not agree with the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect reasonable judgments about the extent of negligence and damages and juries are skeptical of inflated damage awards. The majority of malpractice cases settle prior to trial.