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How to File a Medical Malpractice Lawsuit

Many medical malpractice law firms malpractice lawsuits require significant time and resources from both physicians and attorneys. This can include physician hours and work product attorneys' time court costs as well as expert witness fees and countless other expenses.

An injury caused by medical professional's negligence, misconduct, error or omission can lead to medical malpractice claims. The injured party may be able to seek compensation damages, including the actual economic loss, such as the future and past medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice attorney malpractice lawsuit is a complex one and requires evidence of credibility to be successful. The injured party (or their attorney if they've passed away) must be able to prove each of the following legal elements of the claim:

That a hospital or doctor had a duty to follow the standard of care applicable. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care will not directly cause injury. It must be proven that it caused the injury directly and was the primary reason for the injury.

It is often necessary to file a formal complaint to a state medical board to protect the patient's rights and ensure that the doctor doesn't commit additional malpractice. A report is not a lawsuit, but it could be an excellent first step in getting the malpractice claim started. It is advisable to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and handed to the defendant doctor. A lawyer appointed by the court for plaintiff will review the documents and, if it is found that there may be an instance of malpractice the lawyer will file a complaint along with an affidavit to the court detailing the alleged medical error.

The next step is to gather evidence through pretrial disclosure. This involves making requests for evidence like hospital billing or clinic notes, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath regarding his or her knowledge of the case.

This information will be used by the lawyer for the plaintiff to establish the elements of an action for medical malpractice in the course of trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the physician's breach of this duty a causal relationship between the breach and the patient's death or injury and a substantial amount of damages resulting from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records from before and after an incident of alleged negligence, information on experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of any witnesses who are expected to testify in the trial.

Most states have a statute-of-limitations that limits the period that a patient must seek compensation for injuries caused by an error made by a doctor. These limitations are set by state laws and are subject to a law known as the "discovery rules."

To win a medical malpractice lawsuit, the patient has to show that the doctor's negligence resulted in a specific injury, such as 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 question and answer sessions that are conducted in the presence of a court reporter who documents both the questions as well as the answers. The deposition is part of the discovery process which is the process of gathering evidence that can be used in a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a physician is deposed to testify, he or she must answer the questions truthfully under the oath. Usually, the physician is first questioned by an attorney, and then interviewed by another attorney. This is a crucial step in the trial and the physician must focus on it with complete attention.

A deposition is a fantastic method for lawyers to obtain details about the doctor, including the doctor's education, training and experience. This information is crucial in convincing the court that the doctor did not adhere to your standard of care and caused you injury. For instance, doctors who have been trained in the area of malpractice cases usually testify that they have vast knowledge of specific procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This triggers a legal procedure of disclosure, referred to as discovery where you and the doctor's team work together to gather information 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 doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not your injuries could not have occurred had your doctor followed the standard of care. Your doctor's lawyers will present defenses that contradict the evidence that your attorney has presented.

Despite the legend that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect fair evaluations of damages and negligence, and that juries are skeptical about inflated damage awards. The vast majority of malpractice cases are settled before trial.