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How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment covers physician time and work product attorneys' time, court costs and expert witness fees and countless other expenses.

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

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility for success. The patient who has been injured (or their attorney if they have died) must demonstrate each of the following legal aspects of the case:

That a hospital or doctor had a duty to act according to the standard of care applicable. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself does not cause an injury; however, it must be proven that the breach directly caused the injury and was the main cause of the injury.

In order to protect a patient's rights, and to ensure that a physician does not commit further malpractice, it is necessary to file a claim with the state medical board. However, filing a report does not start an action, and is often only a first step in getting the malpractice claim moving. It is recommended to consult a Syracuse lawyer for malpractice before filing a report, or any other type of 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 plaintiff's lawyer appointed by the court will go through the documents. If it is determined that there is a malpractice case, the lawyer will 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 includes submitting requests for documentation like hospital billing or clinic notes, and taking depositions of the defendant 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 demonstrate the elements of a claim for medical malpractice in court. This includes the existence of a duty on the doctor's part to provide treatment and treatment to patients; the doctor's violation of this duty; an causal connection between the breach and the patient's death or injury; and a sufficient amount of damages resulting from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence relevant to their case. This includes medical records prior to and after the incident of alleged malpractice, information about experts as well as copies of tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims they incurred, and the names and contact information for any witnesses who appear at trial.

Most states have a statute-of limitations that restricts the period that a patient must pursue a lawsuit after being injured due to an error in medical care. Those time limits are usually set by law of the state, and are subject to rules known as the "discovery rule."

To win a medical malpractice lawsuit an injured victim must prove that a physician's negligence caused specific harm 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 take place in the presence a court reporter, who records the questions as well in the responses. The deposition is a part of the discovery process, in which parties collect information for use in a trial.

Depositions permit attorneys to ask witnesses, typically doctors to answer a set of questions. If a physician is interrogated by a lawyer, the doctor must answer all questions honestly under an oath. Typically, the doctor is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial step in the case and the physician must pay attention to it with all their heart.

A deposition allows attorneys to obtain a detailed background on the doctor in terms of his or her education, training and experience. This information is crucial for showing that the doctor violated the standard of care you expect and caused you harm. Physicians who have been trained in this area often be able to prove they have experience with specific procedures and techniques that could be relevant to your particular medical malpractice lawsuits-malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer file a complaint and summons with the appropriate court. This initiates a legal disclosure process called discovery. You and your doctor's staff will work together to gather evidence to support your case. The evidence typically includes medical records and expert witness testimony.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with 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 lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for false claims of malpractice Evidence from decades demonstrate that jury verdicts are based on reasonable estimates of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.