How to File a Medical Malpractice Lawsuit

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

An injury resulting from an healthcare professional's negligence, mistakes, or error could result in a medical malpractice claim. Victims of injury can seek compensation for economic losses, like past or future medical expenses as well as non-monetary injuries, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires evidence of credibility for success. The person who was injured or their attorney should the patient die must prove each of these legal elements:

That a hospital or doctor was bound to perform its duties in accordance with the standards of care in force. The defendant breached this duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot directly cause injury. It must be proven that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a formal complaint with a state medical board to protect the patient's rights and ensure that the doctor doesn't engage in further errors. But, filing a report is not a way to start an action and is usually only a first step in getting the malpractice claim moving. It is best to consult 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 court-appointed lawyer for the plaintiff will then look over the documents and, if it is found that there is an issue with malpractice the lawyer will submit a complaint and an affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation, such as hospital billing and notes from clinics, and taking depositions of the defendant's doctor. Attorneys will then inquire with the defendant under oath regarding his or her knowledge of the case.

The plaintiff's attorney will use this information to demonstrate the elements of a webster medical malpractice lawyer negligence claim at trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's death or injury and a significant amount of damages resulting from the injury or death to justify a monetary award of compensation.

Discovery

During the discovery process, each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of negligence, information on experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims have been paid, as well as the names and contact information of witnesses who will testify in the trial.

The majority of states have a statute of limitation that permits injured patients a certain number of years after an injury or east peoria medical Malpractice Attorney mistake to pursue a lawsuit. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice claim, an injured patient must prove that a physician's negligence caused specific harm like 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 questions and answer sessions conducted in the presence of a court reporter who records both the questions and the answers. The deposition is an element of the discovery process, in which parties collect information to use in a trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. When a physician is questioned by a lawyer, the doctor must answer all questions truthfully under oath. Usually, the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is an important stage of the case that requires the complete concentration and attention of the doctor.

A deposition is a great way for attorneys to obtain an extensive background on the doctor, including her training, education and experience. This information is crucial to proving the doctor breached your standard of care and caused injury. Physicians who have been educated in this field will typically declare that they have experience with certain techniques and procedures that could be relevant to your particular medical malpractice case.

Trial

A civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the appropriate court. The process begins with a legal requirement of disclosure called discovery, where you and the doctor's team work together to gather evidence to support your case. This typically includes medical records and testimony of an expert witness.

The purpose of proving malpractice is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice years of evidence shows that jury verdicts reflect reasonable judgments of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled before trial.