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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This can include attorney time court fees as well as expert witness fees and other costs.

An injury resulting from an healthcare professional's negligence, incompetence, error or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic losses, such as future and past medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be successful. The injured party (or their attorney if they have died) must prove each of the following legal aspects of the case:

That a doctor or hospital was required to act according to the applicable standard of care. That the defendant breached that obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not cause injury on its own. It must be demonstrated that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a complaint with a state medical board to protect the rights of the patient and to ensure that the doctor does not commit any further malpractice. However, filing a report does not initiate a lawsuit and is often just a first step to getting the malpractice claim moving. It is best to consult an Syracuse malpractice lawyer prior to filing any report or document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it appears that there could be a case of malpractice then they will file a complaint and affidavit with the court, describing the medical malpractice attorney error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing records and notes from the clinic, and then taking the defendant physician's deposition in which attorneys ask the defendant about his or his knowledge of the case under an oath.

The attorney representing the plaintiff will use this information to prove the elements of a medical negligence claim during trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's violation of this duty; causality between the breach and the patient's injury or death and a sufficient amount of damages resulting from the injury or death to justify a monetary award of compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical records prior to and following the suspected malpractice, information on expert witnesses and tax returns, copies or other documentation related to expenses out of pocket that the plaintiff claims were incurred, along with the names and contact details of any witnesses who are scheduled to testify at trial.

Most states have a statute of limitations that gives injured people a certain number of years after a medical error to pursue a lawsuit. The time limit is set by state laws and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice claim, an injured patient must prove that a physician's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions and answer sessions conducted in the presence of a court reporter who documents both the questions as well as the responses. Depositions are part of the process of discovery, which is the process of gathering evidence that can be used in the trial.

Attorneys can ask a series questions to witnesses, mostly doctors. If a physician is interrogated to testify, he or she must answer the questions truthfully under the oath. Typically, the doctor is asked questions by an attorney and then cross-examined by another attorney. This is a crucial phase of the process and requires the complete concentration and attention of the physician.

A deposition is an excellent method for lawyers to obtain a detailed background of the doctor, including his or the doctor's education, training and experience. This information is essential to prove that the doctor did not meet the standard of care you expect and that this breach resulted in injury to you. For example, physicians who have completed training in the field of malpractice cases usually be able to prove that they have a lot of knowledge of certain procedures and practices that could be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal process of disclosure called discovery, where you and the doctor's team work together to gather evidence to prove your case. This evidence typically includes medical records and the testimony of expert witnesses.

The goal of proving malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are targets for false claims of malpractice, decades of empirical evidence shows that jury verdicts reflect fair assessment of the severity of the damage and negligence, and that juries tend to be skeptical of excessive award amounts. The vast majority of malpractice cases settle prior to trial.