How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This includes doctor hours and work product, attorney time, court costs, expert witness fees, and countless other expenses.

A medical malpractice case can be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or acted in a way that was not. Plaintiffs seeking compensation for injuries can file for economic losses, including future or past medical bills and also non-economic damages, such as discomfort and pain.

Complaint

A pawtucket medical malpractice attorney malpractice lawsuit is a complex one and requires evidence of credibility to be successful. The person who was injured, or their attorney in the event that the patient has passed away must be able to prove each of these elements:

The defendant breached that duty. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the proximate reason for the injury.

It is sometimes necessary to file a claim with a state medical board in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit any further errors. However, filing a claim does not start an action and is usually just a step towards moving the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will go through the documents. If it appears that there could be a malpractice claim the lawyer is required to file an affidavit as well as a complaint with the court, detailing the claimed mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the defendant's physician. Attorneys then will question the defendant under oath about his or her knowledge regarding the case.

The lawyer for the plaintiff will utilize this information to demonstrate the elements of a medical negligence claim in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's failure to fulfill this duty and a causal connection 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 phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records prior to and after an incident of negligence, information about experts and tax returns, copies of the tax return or other documentation relating to out-of-pocket expenses that the plaintiff claims have been caused, and the names and Vimeo.Com contact details of witnesses who will testify during the trial.

The majority of states have a statute of limitation which allows injured patients some time after an injury or medical mistake to make a claim. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical negligence lawsuit, a patient who has been injured must demonstrate that the negligence of the doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that are conducted in the presence a court reporter, who will record the questions as in the responses. Depositions are part of the discovery procedure, which consists of gathering information that can be used in the course of a trial.

Depositions permit attorneys to question witnesses, often doctors for a series of questions. When a physician is questioned to testify, he or she must answer the questions truthfully under oath. Usually, the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is an important stage of the process and requires the complete concentration and attention of the doctor.

A deposition is an excellent way for attorneys to obtain an extensive background on the doctor, including their education, training, and experience. This information is essential to convincing the court that the doctor did not adhere to your standard of care and resulted in injury to you. For example, physicians who have received training in the field of malpractice cases generally testify that they have vast experience performing certain procedures and practices that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This starts a legal disclosure process called discovery. You and your doctor's team will collaborate to gather evidence to support your case. This typically consists of medical records and the testimony of expert witnesses.

The goal of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred had your doctor followed the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented to you by your attorney.

Despite folklore suggesting that doctors are targets for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts tend to reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.