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How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This can include attorney time and court costs as well as expert witness fees and other expenses.

An injury caused by an healthcare professional's negligence, mistake, or omission can lead to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss, such as the future and past medical bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to prevail. The patient who has been injured, or their attorney when the patient has passed away, must prove each of these legal elements:

The defendant breached the obligation. The defendant violated that obligation. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a duty of care cannot necessarily cause injury. It must be shown that it directly caused the injury and was the primary reason for the injury.

To safeguard the rights of a patient, and to ensure that a physician does not continue to commit malpractice, it is necessary to file a claim with the state medical malpractice attorney board. But, filing a report does not initiate a lawsuit and is often just a first step to getting the malpractice claim moving. It is advisable to speak with a Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal process a summons or claim forms is filed with the court and handed to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will then look over the documents and, if it appears that there may be an issue with malpractice, they will file a complaint along with an affidavit to the court detailing the medical error Medical malpractice lawsuit that is claimed to be the cause.

The next step is to obtain evidence by pretrial disclosure. This includes submitting requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then question the defendant under oath about their knowledge of the case.

This information will be used by the plaintiff's lawyer 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 doctor to provide treatment and care to patients, the physician's breach of this duty and a causal connection between the breach and 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 allowed to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of witnesses who will be testifying in the trial.

The majority of states have a statute of limitation that allows injured patients only some time after a medical mishap to bring a lawsuit. The length of time is typically determined by state law, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, the 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 causationmeaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of a court reporter who documents both the questions and answers. Depositions are part of the discovery process, which is about gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a series of questions. When a doctor is deposed and asked to answer questions in an honest and open manner under the oath. Usually, the physician is asked questions by one attorney and later cross-examined by a second attorney. This is an important stage in the case and the physician must pay attention to it with all their heart.

A deposition is an excellent method for lawyers to obtain an extensive background on the doctor, including his education, training and experience. This information is essential to convincing the court that the doctor did not adhere to the standard of care you expect and caused you harm. For instance, doctors who have trained in the area of malpractice cases usually declare that they have a vast experience performing certain procedures and methods that may be relevant to a specific medical malpractice claim.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This begins a legal process of disclosure, also known as discovery, where you and your doctor's team collaborate to collect evidence to prove your case. This typically consists of medical records and the testimony of experts.

The goal of proving negligence is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims, decades of empirical research proves that jury verdicts usually reflect fair judgments about the extent of negligence and damages, and juries are skeptical of overinflated damages awards. The majority of malpractice cases settle prior to trial.