How to File a Medical Malpractice Lawsuit
Both lawyers and doctors have to invest considerable time and funds in many medical malpractice lawsuits. This investment includes physician hours and work product, attorney time court costs as well as expert witness fees and countless other expenses.
A medical malpractice claim may be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or failed to act. Victims of injury may seek compensation damages, including actual economic losses, such as future and past medical bills as well as non-economic loss such as pain and suffering.
Complaint
A medical malpractice claim is a complex matter and requires credible proof to be successful. The injured patient (or their attorney if they've died) must prove each of the following legal aspects of the claim:
The defendant breached the duty. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care doesn't cause injury on its own. It must be demonstrated that it directly caused the injury and was the main reason for the injury.
To ensure the rights of a patient, and to ensure that a doctor is not committing further errors, it is required to file a report with the state medical malpractice law firms board. However, filing a report is not the start of the process of a lawsuit, and is typically just a step towards moving the malpractice claim. It is recommended to talk with an Syracuse malpractice attorney before filing any report or document.
Summons
As part of the legal process, a summons or claim forms is filed with the court and then handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will look over the documents. If it appears that there is a malpractice issue, the lawyer will file an affidavit, along with a complaint to the court, describing the claimed error.
The next step is to collect evidence by pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, and taking the deposition of the defendant's doctor. Attorneys then will question the defendant on oath about his or her knowledge of the case.
The information provided will be used by the plaintiff's lawyer to prove elements of a claim for medical malpractice at trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's infraction of this obligation, a causal link between the breach and injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.
Discovery
During the discovery process both sides are allowed to seek and receive evidence pertinent to the case. This includes medical records prior to and after the suspected malpractice, information on expert witnesses and tax returns, copies or other documentation relating to out-of-pocket expenses the plaintiff claims to have incurred, as well as the names and contact information of any witnesses who are scheduled to appear at trial.
Most states have a statute-of-limitations that limits the period that a patient must claim compensation after suffering injuries due to an error made by a doctor. The length of time is determined by state laws and are subject to a law known as the "discovery rules."
To win a medical malpractice lawsuit, an injured patient has to show that the doctor'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 directly responsible for their injuries or death.
Deposition
Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who documents both the questions as well as the answers. The deposition is an element of the discovery process in which parties gather information for use in a trial.
Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. If a doctor is interrogated and asked to answer questions in an honest and open manner under oath. Usually, the physician is initially questioned by an attorney before being cross examined by another attorney. This is a crucial stage of the case and requires the complete concentration and attention of the doctor.
Depositions are a great method for lawyers to obtain details about the doctor, including his education, training and experience. This information is crucial to proving that the physician breached the standards of care in your particular case and that the breach directly caused you harm. For instance, doctors who have trained in the field of malpractice cases will typically be able to prove that they have a lot of experience in performing certain procedures and practices that could be relevant to a specific medical malpractice claim.
Trial
Your lawyer will submit a complaint to the court and issue a summons. This begins a legal process of disclosure called discovery, where you and the doctor's team work together to gather evidence to prove your case. This typically consists of medical records as well as testimony from expert witnesses.
To prove that you committed a crime it is essential to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your doctor followed the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented to you by your lawyer.
Despite the myth that doctors are targets for fraudulent malpractice claims Evidence from decades show that juries make reasonable judgments of negligence and damages and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases are settled before trial.