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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This includes attorney time, court fees as well as expert witness fees and other expenses.

A traumatic injury caused by an healthcare professional's negligence, incompetence, error or omission can lead to medical malpractice claims. The injured party can seek compensation for economic losses, like future or past medical expenses and also non-economic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to be successful. The patient who has been injured (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:

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

To ensure the rights of a patient and to ensure that a doctor doesn't commit any further errors, it is required to file a complaint with the state medical board. However, filing a claim is not a way to start an action, and is often just a first step to making the malpractice claim move. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process, an order 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 is a case of malpractice the lawyer will file a complaint and affidavit before the court describing the medical error that is claimed to be the cause.

The next step is obtaining evidence through pretrial disclosure. This involves making requests for evidence such as hospital bills and clinic notes, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath about their knowledge of the case.

The lawyer for the plaintiff will utilize this information to prove the elements of a claim for medical malpractice at trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach of this duty a causal relationship between the breach and the patient's injuries or death and a sufficient amount of damages that result from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records that were taken prior to and after an incident of negligence, details about experts and tax returns, copies of the tax return or other documents relating to expenses out of pocket the plaintiff claims to have caused, and the names and contact details of any witnesses who are expected to testify in 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 medical Malpractice attorneys error. These time limits are determined by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical malpractice claim the injured person 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 caused their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who records the questions as well and the answers. Depositions are part of the discovery process, which is the process of gathering evidence that can be used in the course of a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. If a doctor is deposed to testify, he or she must answer all questions honestly under an oath. Usually, the physician is first interrogated by an attorney, and then cross examined by another attorney. This is a crucial step in the case, and the physician must focus on it with complete attention.

A deposition is a great opportunity for lawyers to gather a detailed background of the doctor, including his or the doctor's education, training and experience. This information is crucial for proving the doctor breached your standards of care and that this breach resulted in injury to you. Doctors who have been trained in this area often affirm that they have years of experience performing certain procedures and techniques that could be relevant to a specific 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 court of your choice. This initiates a legal process of disclosure, referred to as discovery where you and the doctor's team work together to gather information to prove your case. The evidence typically includes medical records as well as expert witness testimony.

The goal of proving malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are targets for false claims of malpractice years of evidence show that juries make reasonable judgments of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle before trial.