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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 and court costs as well as expert witness fees and other expenses.

An injury caused by an healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice claims. The injured party can seek compensation for economic losses, such as future or past medical expenses as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires proof of credibility for success. The person who was injured (or their attorney if they've passed away) must be able to prove each of the following legal elements of the claim:

The defendant did not fulfill that duty. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care doesn't necessarily cause injury. It must be demonstrated that it directly caused the injury and was the proximate reason for the injury.

To safeguard the rights of a patient, and to ensure that a doctor does not commit further errors, it is required to file a claim with the state medical board. However, filing a complaint is not a way to start an action and is usually just a beginning step in making the malpractice claim move. It is recommended to speak with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court will examine the documents. If it is determined that there could be a malpractice claim the lawyer is required to file an affidavit and complaint with the court, detailing the possible mistake.

The next step is obtaining evidence through pretrial disclosure. This involves submitting documents such as hospital invoices and clinic notes and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant about his or their knowledge of the matter under oath.

This information will be used by the lawyer for the plaintiff to establish the elements of a medical malpractice claim in the course of trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's violation of this duty as well as a causal connection between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the process of discovery both sides are able to seek and receive evidence pertinent to the case. This includes medical records that were taken prior to and after an incident of negligence, details about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of any witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that permits injured patients an amount of time after a medical mishap to pursue a lawsuit. The length of time is typically set by law in the state, and are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor caused a specific injury like physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in presence a court reporter, who is able to record the questions as in the responses. The deposition is a part of the discovery process, in which the parties collect evidence for use in a trial.

Attorneys may ask a series of questions to witnesses, usually doctors. If a doctor is interrogated, they must answer all questions truthfully under oath. Usually, the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial phase of the process and requires the complete attention and focus of the doctor.

A deposition is a great way for attorneys to obtain details about the doctor, including their education, training, and experience. This information is critical to proving that the physician breached the standard of care in your particular case and that the breach directly resulted in injury. For example, physicians who have trained in the field of malpractice cases usually testify that they have vast experience in performing certain procedures and methods that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This triggers a legal procedure of disclosure known as discovery where you and your doctor's team work together to gather evidence to support your case. The evidence usually consists of medical records and testimony from expert witnesses.

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 that your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. The attorneys for your doctor will present arguments that do not agree with the evidence presented by your attorney.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice years of evidence demonstrate that jury verdicts reflect reasonable estimates of negligence and damages and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.