How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest significant time and money in many medical malpractice lawsuits. This investment covers physician time and work product, attorney time court costs, expert witness fees, and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or committed a mistake or failed to act. Injury victims may seek compensatory damages, including actual economic loss, such as the past and future medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be able to prevail. The injured person, or their attorney should the patient die must show each of these legal elements:

The defendant breached the duty. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care does not cause injury; however, it must be shown that the breach directly caused the injury and was the main cause of the injury.

To protect a patient's rights, and to ensure that a physician doesn't commit any further malpractice, it is necessary to file a complaint with the state medical board. But, filing a report does not start a lawsuit and is often just a beginning step in getting the malpractice case moving. It is recommended to talk with an Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal process an order or claim form is filed with the court and handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will review these documents. If it is determined that there could be a malpractice claim and the lawyer files an affidavit and a complaint with the court, describing the suspected error.

The next step is obtaining evidence by pretrial disclosure. This includes making requests for evidence, such as hospital billing and clinic notes, and taking depositions of the defendant's doctor. Attorneys then will question the defendant under oath as to his or her knowledge regarding the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a souderton medical malpractice attorney malpractice case during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide treatment and care to patients, the physician's violation of this duty and a causal link between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records before and after the incident of mishaps, information about expert witnesses, medical malpractice lawsuit copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims they incurred, as well as the names and contact details for witnesses who are expected to testify at trial.

The majority of states have a statute of limitations which limits the amount of period that a patient must pursue a lawsuit after being injured due to an error in medical care. The time limit is set by state laws and are subject to a rule called the "discovery rules."

In order to win a medical negligence case an injured victim must prove that the doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causation -which means that the negligent treatment was the sole reason for their injuries or death.

Deposition

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

Attorneys can pose a number of questions to witnesses, typically doctors. When a physician is questioned to testify, he or she must answer all questions honestly under oath. Usually, the physician is first interrogated by an attorney and later interviewed by another attorney. This is a crucial step in the case and the physician has to be attentive to the case.

A deposition is a great way for attorneys to get an in-depth background on the doctor, including his or their education, training, and experience. This information is crucial for proving the doctor medical malpractice lawsuit breached your standards of care and that this breach caused you injury. Physicians who have received training in this field will typically testify they have extensive experience with specific procedures and techniques that may be relevant to a specific medical-malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the court of your choice. This initiates a legal process of disclosure, referred to as discovery where you and your physician's team work together to gather evidence to prove your case. This evidence typically includes medical records as well as testimony from expert witnesses.

To prove malpractice it is necessary to prove that your doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standard of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented to you by your lawyer.

Despite the myth that doctors are the target of frivolous claims of malpractice years of evidence confirm that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases settle prior to trial.