How to File a Medical Malpractice Lawsuit
Both lawyers and physicians must invest a lot of time and money in many medical malpractice lawsuits. This investment includes attorney time as well as court fees expert witness fees, court costs and other expenses.
An injury resulting from an healthcare professional’s negligence, mistakes, or error can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical bills, and noneconomic loss such as pain and suffering.
Complaint
A medical malpractice case is a complicated one and requires a solid proof of the claim to be successful. The person who was injured or their lawyer if the patient has died, must prove each of these legal elements:
A hospital or doctor was bound to act in accordance with the standard of care applicable. 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 duty of care doesn’t in itself cause injury. It must be proven that it directly caused the injury and was the primary cause for the injury.
It is often necessary to file a complaint to a state medical board in order to protect the rights of the patient and ensure that the doctor does not engage in further errors. But, filing a report is not the start of an action and is usually only a first step in getting the malpractice claim moving. It is recommended to talk with a Syracuse malpractice attorney before filing any report or other document.
Summons
As part of the legal process a summons or claim form is filed with the court and handed to the defendant physician. A plaintiff’s lawyer appointed by the court will go through these documents. If it appears that there may be a malpractice case the lawyer is required to file an affidavit and a complaint with the court, detailing the claimed error.
The next step in the legal process is to obtain evidence through pretrial discovery. This includes making requests for evidence, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath regarding their knowledge of the case.
The lawyer for the plaintiff will utilize this information to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice law firms malpractice case include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician’s infraction of this obligation and a causal connection between the breach and injury or death of the patient and the amount of damages to warrant a monetary compensation award.
Discovery
During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical malpractice attorneys records that were taken prior to and after an incident of alleged negligence, information about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims to have attributable to them, and the names and contact information of any witnesses who will be testifying at trial.
There are many states with a statute of limitations which limits the amount of time a patient has to seek compensation for injuries caused by an error made by a doctor. These time limits are determined by the laws of the state and are subject to a regulation known as the “discovery rules.”
To win a medical negligence case an injured victim must prove that a physician’s negligence caused a specific injury, such as physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injuries or death.
Deposition
Depositions are questions and answer sessions that are conducted in the presence of an official court reporter who records both the questions as well as the answers. The deposition is a part of the discovery process, which is the process of gathering evidence that can be used in a trial.
Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is questioned, he or she must answer the questions truthfully under an oath. Typically, the doctor is initially questioned by an attorney and then interrogated by a different attorney. This is an important stage in the case, and the physician must be attentive to the case.
A deposition is a fantastic opportunity for lawyers to gather an extensive background on the doctor, including her training, education and experience. This information is essential to proving the doctor breached your standards of care and caused you injury. Doctors who have been trained in this area often declare that they have experience performing certain procedures and techniques that could be relevant to a specific medical malpractice case.
Trial
A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. This begins a legal process of disclosure, referred to as discovery where you and your doctor’s team work together to gather evidence to support your case. The evidence usually consists of Medical Malpractice Attorney records and testimony from experts.
To prove that you committed a crime, you must establish that the doctor’s actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standard of care. Your doctor’s lawyers will present arguments that do not agree with the evidence presented by your lawyer.
Despite the belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence confirm that juries make reasonable estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases settle before trial.
