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How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This includes attorney time and court costs expert witness fees, court costs and other costs.

A medical malpractice case can be filed in the event that a healthcare professional was negligent, has committed misconduct or committed a mistake or failed to act. The injured party may be able to seek compensation damages, which could include actual economic loss such as past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to win. The injured patient (or their attorney if they've died) must prove each of the following legal aspects of the claim:

A hospital or doctor had a responsibility to perform its duties in accordance with the standard of care applicable. The defendant did not fulfill that duty. The breach directly caused injury to plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care is not a cause of injury, but it has to be proven that the breach directly caused the injury and was the proximate reason for the injury.

It is usually necessary to file a claim with a state medical board to protect patients' rights and ensure that the doctor does not engage in further negligence. A report is not a lawsuit, but it can be an excellent first step in starting the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant 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 may be an instance of malpractice and they file a complaint along with an affidavit before the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant about his or his knowledge of the case under oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of a claim for medical negligence in the course of trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's breach of this duty, a causal link between the breach and the injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the process of discovery both sides are able to seek and receive evidence pertinent to the case. This includes medical malpractice attorney records prior to and after an incident of alleged negligence, information about experts, copies of tax return or other documentation related to expenses out of pocket that the plaintiff claims have been paid, as well as the names and contact information of witnesses who are expected to testify during the trial.

Most states have a statute-of-limitations that restricts the time a patient has to pursue a lawsuit after being injured due to an error in medical care. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice law Firms malpractice lawsuit, a patient who has been injured has to demonstrate that the negligence of the doctor resulted in a specific injury, such as physical pain, or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions conducted in the presence of an official court reporter who records both the questions as well as the answers. Depositions are part of the discovery process in which the parties collect evidence for use in a trial.

Depositions permit attorneys to ask witnesses, typically doctors for a series of questions. When a doctor is deposed and questioned, they must answer all questions honestly under oath. Typically, the doctor is initially questioned by an attorney before being interviewed by another attorney. This is a crucial phase of the case and requires the full concentration and attention of the physician.

Depositions allow lawyers to get a complete background on the doctor's background in terms of his or their education, training and experience. This information is critical to proving that the physician breached the standard of care in your case and that the breach directly caused you harm. Physicians who have received training in this area are likely to be able to prove they have knowledge of certain procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. The process begins with a legal requirement of disclosure, referred to as discovery where you and your physician's team collaborate to collect evidence to prove your case. This usually includes medical records and testimony of an expert witness.

To prove that you committed a crime you must prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your doctor followed the standards of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your attorney.

Despite the legend that doctors are a target for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts tend to reflect fair evaluations of damages and negligence, and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle prior to trial.