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How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in many medical malpractice lawsuits. This investment covers physician time and work product, attorney time court costs as well as expert witness fees and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has committed misconduct or erred, or failed to act. The injured party may be able to seek compensation damages, which could include actual economic losses, such as future and past medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires credible proof to be able to prevail. The injured person or their lawyer when the patient has passed away must be able to prove each of these elements:

The defendant breached the duty. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care does not cause injury, but it must be proven that the breach directly caused the injury and was the direct cause of the injury.

To ensure a patient's rights, and to ensure that a physician does not commit further malpractice, it is necessary to file a claim with the state medical board. However, filing a claim is not the start of the process of a lawsuit, and is typically just a beginning step in getting the malpractice claim moving. It is best to consult an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and delivered to the defendant physician. A lawyer appointed by the court will review these documents. If it is determined that there may be a malpractice case and the lawyer files an affidavit and complaint with the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation like hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath as to the details of the case.

This information will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical negligence at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide treatment and care to patients, the doctor's violation of this duty and a causal connection between the breach and the 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 request and receive evidence relevant to the case. This includes medical records prior to and after an incident of alleged negligence, information on experts as well as copies of 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 details of witnesses who will be testifying at trial.

Most states have a statute of limitations that permits injured patients some time after a medical malpractice law firms error to make a claim. The time limit is usually set by law in the state, and Medical malpractice lawsuits they are subject to rules called 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 caused a specific injury like physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in presence a court reporter, who will record the questions as as the answers. The deposition is an element of the process of discovery, which involves gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. If a physician is interrogated to testify, he or she must answer all questions truthfully under the oath. Typically, the doctor is asked questions by one attorney and then cross-examined by a different attorney. This is an essential stage of the process and requires the full attention and focus of the physician.

Depositions are a great opportunity for lawyers to gather an in-depth background on the doctor, including his education, training and experience. This information is essential to showing that the doctor violated the standard of care in your particular case and that the breach directly caused injury to you. For instance, doctors who have been trained in the field of malpractice cases usually be able to prove that they have a lot of experience in the execution of specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and issue a summons. This starts the legal disclosure process known as discovery. Your doctor and your staff will work together to gather evidence to prove your case. This typically includes medical records and expert witness testimony.

The goal of proving malpractice is to establish that your physician's actions did not meet 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 standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts typically reflect fair judgments about the extent of negligence and damages, and juries are skeptical of overinflated damages awards. The vast majority of malpractice cases are settled before trial.