How to File a Medical Malpractice Lawsuit
Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time and court costs expert witness fees, and other costs.
A medical malpractice lawsuit can be filed in the event that a healthcare professional has been negligent, has committed misconduct or erred, or failed to act. Injury victims can seek compensation for economic losses, like future or past medical expenses, as well as noneconomic damages, such as discomfort and pain.
Complaint
A medical malpractice case has many moving parts, and requires evidence that is credible evidence to prevail. The person who was injured (or their attorney if they’ve passed away) must prove each of the following legal aspects of the claim:
That a hospital or doctor had a responsibility to follow the applicable standard of care. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as “causation.” A breach of the standard of care itself doesn’t cause injury, but it must be shown that the breach directly caused the injury and was the proximate cause of the injury.
To protect a patient’s rights, and to ensure that a physician does not commit further mistakes, it is essential to file a report with the state medical board. However, filing a claim does not start an action and is usually just a beginning step in getting the malpractice case moving. It is recommended to speak with a Syracuse malpractice attorney prior to making any report or other 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 for the plaintiff appointed by the court will go through the documents. If it appears there may be a malpractice case the lawyer is required to file an affidavit and complaint with the court, detailing the claimed error.
The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing records and notes from the clinic, and then taking the defendant physician’s deposition, where attorneys question the defendant on his or her knowledge of the case under an oath.
This information will be used by the plaintiff’s lawyer to prove elements of a claim for medical malpractice in the course of trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician’s failure to fulfill this duty and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary award.
Discovery
During the process of discovery, both sides are entitled to ask for and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, details about experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims have been attributable to them, and the names and contact information of witnesses who will be appearing in the trial.
The majority of states have a statute of limitation that gives injured people the time period of a certain amount of years after an injury or medical mistake to make a claim. These time limits are typically set by law of the state, and are subject to rules referred to as the “discovery rule.”
In order to win a medical negligence lawsuit, a patient who has been injured has to prove that the doctor’s negligence resulted in specific harm like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.
Deposition
Depositions are question-and-answer sessions that take place in presence a court reporter, who is able to record the questions as and the answers. The deposition is a part of the discovery process, in which parties gather information to use in a trial.
Depositions permit attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is interrogated and questioned, they must answer all questions in a straight and honest manner under oath. Typically, the doctor is first interrogated by an attorney and then interrogated by a different attorney. This is a crucial phase of the case that 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 their education, training, and experience. This information is essential for proving that the physician breached the standard of care in your situation and that the breach directly resulted in injury. Physicians who have been trained in the area will often declare that they have knowledge of certain techniques and procedures that could be relevant to your particular medical malpractice law firms-malpractice case.
Trial
A lawsuit in a civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. You and your doctor’s team will collaborate to gather evidence to prove your case. This typically consists of medical records and the testimony of experts.
To prove that you committed a crime, you must establish that your doctor’s actions were not in line with the standard 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 lawyers will present arguments that are contrary to the evidence presented by your attorney.
Despite the legend that doctors are a target for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts tend to reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical about damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.
