Do Not Buy Into These "Trends" Concerning Medical Malpractic…

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in many medical malpractice lawsuits. This investment includes attorney time as well as court fees, expert witness fees and other costs.

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

Complaint

A medical malpractice suit has many moving parts, and requires evidence that is credible evidence to be successful. The injured party (or their attorney if they've died) must show each of these legal aspects of the case:

The defendant violated this obligation. That the defendant breached that duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care cannot necessarily cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

To protect the rights of a patient and to ensure that a physician doesn't commit any further malpractice, it is necessary to file a report with the state medical board. However, filing a complaint does not initiate an action, and is often only a first step in making the malpractice claim move. It is often best to consult with an Syracuse malpractice lawyer before making a report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there could be a case of malpractice the lawyer will file an affidavit and complaint before the court describing the medical error that is claimed to be the cause.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves the submission of requests for documentation, such as hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys will then inquire with the defendant under oath about their knowledge of the case.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of an action for medical malpractice law firm malpractice during trial. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's death or injury and a substantial amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery process both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and following the suspected malpractice, information on expert witnesses and tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims to have incurred, along with the names and contact details for any witnesses who will be called to testify in the trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to claim compensation after suffering injuries due to medical error. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the patient must demonstrate that the negligence of the doctor resulted in specific harm such as physical pain, or loss of income. They must also prove causation i.e. that negligence caused their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who documents both the questions as well as the answers. Depositions are part of the discovery process through which the parties gather information to use in the trial.

Attorneys can pose a number 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 questioned questions by one attorney, and then cross-examined by another attorney. This is a crucial stage of the case and requires the full attention and focus of the physician.

A deposition is a fantastic opportunity for lawyers to gather a detailed background of the doctor, including the doctor's education, training and experience. This information is crucial in prove that the doctor did not meet your standards of care and that this breach caused you harm. For example, physicians who have been trained in the field of malpractice cases will typically testify that they have vast experience performing certain procedures and methods that could be relevant to a specific medical-malpractice claim.

Trial

Your lawyer will make a complaint to the court and a summons. This initiates a legal process of disclosure known as discovery where you and your physician's team collaborate to collect information to prove your case. This evidence typically includes medical records and the testimony of expert witnesses.

To prove that you committed a crime, you must establish that your doctor's actions were below the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor followed the standards of care. The lawyers for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the belief that doctors are targets for fraudulent malpractice claims Evidence from decades demonstrate that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases are settled prior to trial.