How to File a Medical Malpractice Lawsuit
Lawyers and doctors must invest considerable time and funds in the many lawsuits involving medical malpractice lawsuits malpractice. This includes attorney time court fees, expert witness fees and other expenses.
An injury resulting from a healthcare professional’s negligence, misconduct, error or omission could result in medical malpractice claims. The injured party may be able to seek compensation damages, including actual economic losses such as future and past medical bills, and noneconomic expenses like pain and suffering.
Complaint
A medical malpractice case is complex and requires evidence of credibility to be able to prevail. The injured person, or their attorney if the patient has died, must demonstrate each of these legal elements:
The defendant violated this obligation. The defendant breached this duty. The breach directly caused injury to the plaintiff. This is referred to as “cause”. A breach of a duty of care will not necessarily cause injury. It must be proven that it directly caused the injury and was the primary reason for the injury.
It is often necessary to file a claim with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor doesn’t commit further errors. A report is not a lawsuit but it can be a good first step in getting the malpractice claim started. It is recommended to speak with a Syracuse malpractice lawyer prior to filing any report or document.
Summons
A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if it is found that there may be an incident of malpractice, they will file a complaint along with an affidavit to the court detailing the medical error that they believe to have committed.
The next step in the legal process is obtaining evidence through pretrial discovery. This involves making requests for evidence including hospital billing or clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant under oath as to his or her knowledge regarding the case.
The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice law firm malpractice claim during trial. This includes the existence of a duty on the physician’s part to provide care and treatment to patients; the doctor’s violation of this duty; a causal link between the breach and the patient’s death or injury and a substantial amount of damages that result from the accident or death to justly award monetary compensation.
Discovery
During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records prior to and following the suspected malpractice, information on expert witnesses as well as copies of tax returns or other documentation related to the out-of-pocket expenses that the plaintiff claims they incurred, along with the names and contact details for any witnesses who appear at trial.
Most states have a statute-of limitations that limits the time a patient has to sue after being injured by medical error. The length of time is typically determined by state law, and are subject to rules referred to as the “discovery rule.”
To prevail in a medical malpractice lawsuit, the injured patient must prove that the doctor’s negligence resulted in a specific injury, like 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 of a court reporter who takes notes of the questions as well in the responses. The deposition is an element of the discovery procedure, which involves gathering information that can be used in the course of a trial.
Depositions allow attorneys to ask witnesses, usually doctors for a series of questions. When a physician is deposed and questioned, they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first interrogated by an attorney and then the attorney is cross-examined by another attorney. This is a crucial phase of the case that requires the complete attention and focus of the doctor.
Depositions allow lawyers to gather a full background of the doctor’s qualifications in relation to his or her education, training and experience. This information is essential for prove that the doctor did not meet the standards of care in your case and that the breach directly caused you injury. Doctors who have been trained in this field will typically testify they have extensive experience performing certain procedures and techniques that could be relevant to a specific medical-malpractice case.
Trial
Your lawyer will make a complaint to the court, along with a summons. This begins a legal process of disclosure known as discovery where you and your doctor’s team collaborate to collect evidence to support your case. This usually includes medical malpractice attorneys records as well as expert witness testimony.
To prove malpractice you must prove that the doctor’s actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn’t have occurred if your physician acted according to the standards of care. The attorneys for your doctor will present defenses that go against the evidence that your attorney has presented.
Despite the legend that doctors are a target for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts usually reflect fair assessments of negligence and damages, and juries are skeptical of damages that are exaggerated. The vast majority of malpractice cases settle prior to trial.
