• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in many medical malpractice lawsuits. This includes attorney time and court costs, expert witness fees and other expenses.

An injury caused by a healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice claims. Injury victims may seek compensatory damages, including the actual economic loss such as future and past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to succeed. The person who was injured or their lawyer when the patient has passed away must prove each of these legal elements:

The defendant breached that duty. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care does not necessarily cause injury. It must be shown that it directly caused the injury and was the primary cause for the injury.

To protect a patient's rights, and to ensure that a physician does not continue to commit errors, it is required to file a claim with the state medical board. A report is not a lawsuit, but it could be a good first step in initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court and then handed to the doctor who is the defendant. A lawyer appointed by the court will examine these documents. If it appears there is a malpractice issue the lawyer will file an affidavit as well as a complaint with the court, medical malpractice lawsuit describing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document such as hospital invoices as well as notes from clinics and taking the defendant's deposition in which attorneys ask the defendant on his or his knowledge of the case under oath.

The information provided will be used by the lawyer for the plaintiff to prove the elements of a medical malpractice claim in the course of trial. These include the existence of a duty on the doctor's part to provide medical care and treatment to patients; the physician's breach of this duty; a causal link between the breach and the patient's injuries or death and a substantial amount of damages resulting from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery process each side is 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 and tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims to have incurred, as well as the names and contact information for any witnesses who testify at trial.

The majority of states have a statute of limitations that gives injured people an amount of time after a medical error to make a claim. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

In order to win a medical negligence lawsuit, the injured patient has to prove that the doctor's negligence resulted in a specific injury, 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 sessions of question and answer that take place in presence a court reporter, who will record the questions as as the answers. Depositions are part of the process of discovery, which involves gathering information that can be used in the course of a trial.

Depositions allow attorneys to question witnesses, often doctors for a series of questions. If a doctor is interrogated they must answer all questions in a straight and honest manner under an oath. Usually, the physician is initially questioned by an attorney and then the attorney is cross-examined by another attorney. This is an essential stage of the process and requires the full attention and focus of the physician.

A deposition can help attorneys get a complete background on the doctor's background in terms of his or the training, education and experience. This information is crucial to showing that the doctor violated the standard of care in your situation and that the breach directly resulted in injury. Physicians who have been trained in this field will typically be able to prove they have experience performing specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This begins the process of legal disclosure, also known as discovery. You and your doctor's team will work together to gather evidence to prove your case. This evidence typically includes medical records and testimony from expert witnesses.

To prove malpractice it is necessary to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor followed the standards of care. The lawyer for your doctor will present defenses that go against the evidence presented to you by your attorney.

Despite the legend that doctors are a target for frivolous malpractice claims decades of empirical research proves that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages and juries are skeptical of overinflated damages awards. The vast majority malpractice cases are settled before trial.