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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This can include physician hours and work product and attorney time court costs and expert witness fees and many other costs.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent or has committed misconduct or committed a mistake or failed to act. The injured party can seek compensation for economic losses, such as future or past medical bills and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires a solid evidence to succeed. The person who was injured or their attorney should the patient die, must prove each of these legal elements:

That a doctor or hospital was bound to follow the applicable standard of care. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause injury; however, it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is often necessary to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't engage in further malpractice. However, filing a report does not start the process of a lawsuit, and is typically just a first step to getting the malpractice case moving. It is advisable to speak with an Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and delivered to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will then review these documents and, if it is found that there may be an instance of malpractice the lawyer will file an affidavit and complaint before the court describing the medical error that they believe to have committed.

The next step is to gather evidence by pretrial disclosure. This involves filing requests for documents such as hospital bills or clinic notes, and taking depositions of the defendant's physician. Attorneys will then ask the defendant under oath regarding their knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to prove elements of a claim for medical negligence during trial. The elements of a medical malpractice law firms malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty, a causal link between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery process each side is entitled to seek and receive evidence pertinent to the case. This includes medical records prior to and after the incident of alleged malpractice, information about experts and tax returns, copies or other documentation relating to out-of-pocket expenses the plaintiff claims to have incurred, along with the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute-of-limitations that limit the length of time that a patient is allowed to sue after being injured by medical error. The time limit is usually set by law of the state, and they are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, the injured patient must prove that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who records the questions as well as the answers. Depositions are part of the process of discovery in which the parties collect evidence to use in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a physician is interrogated, he or she must answer each question truthfully under the oath. Usually the physician is asked questions by an attorney and then cross-examined by a different attorney. This is an important stage in the trial and the doctor must give it their full attention.

A deposition is a great way for attorneys to obtain details about the doctor, including her training, education and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach directly caused you injury. Physicians who have been trained in the area will often be able to prove they have experience performing specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins a legal process of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to prove your case. This usually includes medical records as well as testimony from an expert witness.

The goal of proving malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented to you by your attorney.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice years of evidence demonstrate that jury verdicts reflect reasonable assessments of damages and negligence and that juries are skeptical of inflated award amounts. The vast majority malpractice cases are settled before trial.