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How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in a variety of medical malpractice lawsuits. This includes attorney time, court fees expert witness fees, and other costs.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission can give rise to medical Malpractice Attorney malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic loss such as past and future medical bills, as well as noneconomic loss such as pain and suffering.

Complaint

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

The defendant did not fulfill that obligation. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself is not a cause of injury; it must be proved that the breach directly caused the injury and was the direct reason for the injury.

It is usually necessary to file a complaint to a state medical board in order to protect patients' rights and ensure that the doctor does not commit any further mistakes. However, filing a report does not initiate the process of a lawsuit, and is typically just a first step to moving the malpractice claim. It is recommended to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then review these documents and, if they believe that there is an incident of malpractice and they file a complaint along with an affidavit with the court describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents such as hospital billing information and clinic notes and taking the deposition of the defendant's physician where lawyers question the defendant about his or his knowledge of the situation under the oath.

The plaintiff's attorney will use this information to prove the elements of a medical malpractice claim during trial. These include the existence of a duty on the doctor's part to provide treatment and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injuries or death 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 phase, both parties are allowed to request evidence relevant to their case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documents relating to out-of-pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of witnesses who are expected to testify in the trial.

The majority of states have a statute of limitations that limits the period that a patient must sue after being injured by medical error. The time limit is set by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawsuit, the injured patient must prove that the negligence of a doctor caused a specific injury like physical pain or loss of income. They must also prove causation -which means that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions and answer sessions that take place 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 which is the process of gathering evidence that can be used in the course of a trial.

Depositions permit attorneys to ask witnesses, typically doctors, a series of questions. If a doctor is deposed and questioned, they must answer all questions honestly under an oath. Usually, the physician is initially questioned by an attorney and then the attorney is cross-examined by another attorney. This is a crucial stage of the case and requires the full concentration and attention of the physician.

A deposition is a great opportunity for lawyers to gather details about the doctor, including his education, training and experience. This information is crucial in proving the doctor breached the standard of care you expect and caused injury. For example, physicians who have trained in the area of malpractice cases typically will testify that they have vast knowledge of certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins a legal process of disclosure called discovery, where you and your physician's team work together to gather evidence to prove your case. The evidence usually consists of medical records and the testimony of experts.

To prove malpractice it is necessary to prove 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 could not have occurred had your doctor acted in accordance with the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice years of evidence demonstrate that jury verdicts are based on reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases settle before trial.