How to File a Medical Malpractice Lawsuit

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

An injury resulting from an healthcare professional's negligence, misconduct, error or omission can result in a medical malpractice claim. Victims of injury may seek compensation damages, including actual economic loss, such as the past and future boulder medical Malpractice lawyer bills, as well as non-economic loss such as pain and suffering.

Complaint

A barrington medical malpractice law firm malpractice case is complex and requires credible proof for success. The injured party (or their attorney if they've lost their claim) must demonstrate each of the following legal aspects of the case:

A hospital or doctor had a responsibility to act in accordance with the standard of care applicable. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care will not cause injury on its own. It must be proved that it directly caused the injury and was the primary reason for the injury.

To protect the rights of patients, and to ensure that a doctor doesn't commit any further malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit, but it can be an excellent first step in getting the malpractice claim started. It is advisable to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for plaintiff will then look over the documents and, if they believe that there could be an incident of malpractice and they submit a complaint and an affidavit to the court detailing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation, such as hospital billing and notes from clinics, and taking depositions of the defendant's doctor. Attorneys will then question the defendant under oath as to the details of the case.

The lawyer for the plaintiff will utilize this information to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's violation of this duty and a causal connection between the breach and the 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 relevant to their case. This includes medical records from before and after an incident of negligence, information about experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact information of any witnesses who will be testifying during the trial.

There are many states with a statute of limitations that limit the period that a patient must pursue a lawsuit after being injured due to an error made by a doctor. The length of time is determined by the laws of the state and are subject to a law known as the "discovery rules."

In order to win a medical malpractice lawsuit the injured person must prove that the doctor's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment led to their injury truth or consequences medical malpractice law firm death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and the answers. Depositions are a part of the discovery process in which the parties gather information to use in a trial.

Depositions allow attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is deposed and asked to answer questions in a straight and honest manner under the oath. Usually, the physician is initially questioned by an attorney and later cross examined by 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 opportunity for lawyers to gather details about the doctor, including the doctor's education, training and experience. This information is essential for showing that the doctor violated the standard of care in your particular case and that the breach directly caused you harm. Doctors who have been trained in this area are likely to affirm that they have years of experience in performing specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. This initiates a legal process of disclosure, also known as discovery, where you and the doctor's team collaborate to collect evidence to prove your case. This usually includes medical records and testimony of an expert witness.

To prove malpractice you must prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue defenses which contradict the evidence presented by your lawyer.

Despite the legend that doctors are a target for malpractice claims that are not meritorious, decades of research on the subject shows that jury verdicts usually reflect reasonable judgments about the extent of negligence and damages, and juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.