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How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in many medical malpractice lawsuits. This investment includes physician hours and work product attorneys’ time court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed if a healthcare professional is negligent or has committed misconduct or committed an error or failed to take action. Victims of injury may seek compensation damages, including the actual economic loss such as future and past medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A doraville medical malpractice attorney malpractice case is a complicated one and requires proof of credibility to be able to prevail. The patient who has been injured (or their attorney if they’ve passed away) must be able to prove each of the following legal aspects of the claim:

The hospital or doctor was required to perform its duties in accordance with the standards of care in force. The defendant breached this duty. The breach directly caused injury for the plaintiff. This aspect of the malpractice claim is referred to as “causation.” A breach of the standard of care doesn’t cause injury, but it must be shown that the breach directly caused the injury and was the primary cause of the injury.

To ensure the rights of patients, and to ensure that a doctor is not committing further wrongdoing, it’s necessary to file a claim with the state medical board. A report is not a lawsuit however, it is an effective first step towards getting the malpractice claim started. It is recommended to speak with an Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and then handed to the defendant physician. A court-appointed lawyer for the plaintiff will then review these documents and, if they believe that there may be an instance of malpractice the lawyer will file a complaint along with an affidavit to the court detailing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation including hospital billing or clinic notes, and taking the deposition of the defendant physician. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

The attorney for the plaintiff will use this information to prove the elements of a port huron medical malpractice lawyer negligence claim at trial. This includes the existence of an obligation on the doctor’s part to provide medical care and treatment to patients; the physician’s breach of this duty causality between the breach and the patient’s death or injury; and a sufficient amount of damages resulting from the death or injury to justly award monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records prior to and following the alleged malpractice, information about expert witnesses, copies of tax returns or other documents relating to the out-of-pocket expenses that the plaintiff claims they incurred, as well as the names and contact details for any witnesses who be called to testify in the trial.

There are many states with a statute of limitations that restricts the period that a patient must pursue a lawsuit after being injured due to medical error. The length of time is typically set by law in the state, and are subject to a rule known as the “discovery rule.”

To win a medical malpractice claim an injured victim must prove that a physician’s negligence caused harm to a specific person that is 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 question-and-answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and answers. The deposition is an element of the discovery process, in which the parties collect evidence for use in the trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a series of questions. When a physician is deposed and questioned, they must answer each question truthfully under an oath. Typically, the doctor is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an essential stage of the process and requires the complete attention and focus of the doctor.

Depositions are a great opportunity for lawyers to gather an extensive background on the doctor, including his or the doctor’s education, training and experience. This information is critical to proving that the physician breached the standards of care in your situation and that the breach caused you harm. Physicians who have been educated in this area are likely to declare that they have experience performing specific procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

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 is the beginning of the process of legal disclosure, also known as discovery. You and your doctor’s staff will work together in order to gather evidence that can prove your case. This usually includes medical records and testimony of an expert witness.

To prove malpractice it is essential to establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred had your physician acted according to the standard of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your lawyer.

Despite the myth that doctors are the target of false claims of malpractice, decades of empirical evidence demonstrate that jury verdicts reflect fair judgments 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.