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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This investment covers physician time and work product as well as attorney time, court costs and expert witness fees and countless other expenses.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission could result in a medical malpractice claim. The injured party can seek compensation for economic losses, such as past or future medical bills, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to prevail. The person who was injured (or their attorney if they've died) must show each of these legal elements of the claim:

The defendant breached that obligation. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care doesn't in itself cause injury. It must be proven that it directly caused the injury and was the main reason for the injury.

To ensure the rights of a patient and to ensure that a physician doesn't commit any further mistakes, it is essential to file a report 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 advisable to speak with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court and handed to the defendant physician. A court-appointed lawyer for the plaintiff will then review these documents and, if it appears that there could be an incident of malpractice the lawyer will file an affidavit and complaint with the court describing the medical error that they believe to have committed.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document like hospital billing records and notes from the clinic, and then conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or his knowledge of the case under an oath.

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice law firm 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 breach of this duty a causal link between the breach and the patient's death or injury and a sufficient amount of damages that result from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery process both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records from before and after an incident of negligence, information on experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact details of witnesses who will be testifying at trial.

The majority of states have a statute of limitations which limits the amount of time a patient has to sue after being injured by an error made by a doctor. The length of time is typically set by law of the state, and they are subject to rules called the "discovery rule."

To win a medical negligence case an injured victim must prove that a physician's negligence caused a specific injury 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 essentially question-and-answer meetings that take place in presence a court reporter, who takes notes of the questions as well in the responses. The deposition is part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions permit 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 the oath. Usually, the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial phase of the case and requires the complete attention and focus of the physician.

A deposition is a great way for attorneys to obtain an in-depth background on the doctor, including her training, education and experience. This information is crucial to prove that the doctor did not meet the standard of care in your case and that the breach directly caused you injury. Physicians who have been educated in this area often affirm that they have years of experience performing certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This starts a legal disclosure process called discovery. You and your doctor's staff will work together to gather evidence to prove your case. The evidence typically comprises medical records and testimony from an expert witness.

The goal of proving negligence is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer defenses which contradict the evidence presented to you by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice, decades of empirical evidence show that juries make reasonable estimates of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases are settled before trial.