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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes doctor hours and work product attorneys’ time, court costs, expert witness fees, and many other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent or has committed misconduct or committed a mistake or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses, as well as noneconomic injuries, such as pain and discomfort.

Complaint

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

The hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called “causation.” A breach of the standard of care itself is not a cause of injury; however, it must be proved that the breach directly caused the injury and was the proximate cause of the injury.

To ensure the rights of a patient, and to ensure that a doctor is not committing further errors, it is required to file a complaint with the state medical board. A report is not a lawsuit however, it is an excellent first step in initiating the malpractice lawsuit. It is best to consult a Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and then handed to the defendant doctor. A plaintiff’s lawyer appointed by the court will look over these documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves filing requests for documents, such as hospital billing and clinic notes, as well as taking depositions of the defendant physician. Attorneys will then ask the defendant under oath as to his or her knowledge of the case.

This information will be used by the plaintiff’s lawyer to prove elements of an action for medical malpractice attorneys malpractice at trial. These include the existence of a duty on the doctor’s part to provide care and treatment to patients; the doctor’s infraction of this duty causality between the breach and the patient’s injury or death and a sufficient amount of damages resulting from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is 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 expenses out of pocket that the plaintiff claims have been attributable to them, and the names and contact details of witnesses who will testify during the trial.

Most states have a statute-of limitations which limits the amount of time a patient has to pursue a lawsuit after being injured due to an error made by a doctor. The length of time is typically determined by state law, and they are subject to a rule known as the “discovery rule.”

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

Deposition

Depositions are question-and-answer sessions which take place in the presence of a court reporter who takes notes of the questions as well as the answers. The deposition is part of the process of discovery, which consists of gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, usually doctors for a series of questions. If a doctor is deposed by a lawyer, the doctor must answer each question truthfully under an oath. Typically, the doctor is asked questions by one attorney, and then cross-examined by a different attorney. This is an important stage in the case and the doctor must pay attention to it with all their heart.

A deposition is a great way for attorneys to get an in-depth background on the doctor, including his or the doctor’s education, training and experience. This information is essential to proving that the physician breached the standards of care in your case and that the breach directly caused you harm. For instance, doctors who have received training in the area of malpractice cases typically will testify that they have vast experience in the execution of certain procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

A civil court is officially initiated when your lawyer files a complaint and summons with the appropriate court. This initiates a legal process of disclosure known as discovery where you and the doctor’s team collaborate to collect evidence to support your case. This usually includes medical records and testimony from expert witnesses.

To prove malpractice it is essential to establish that your doctor’s actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standards of care. The lawyers for your doctor will present arguments that do not agree with the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts tend to reflect reasonable assessments of negligence and damages and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases settle prior to trial.