깝스토리 업체지원센터

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in many medical malpractice lawsuits. This investment includes attorney time and court costs, expert witness fees and other costs.

An injury caused by medical professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. Victims of injury may seek compensation damages, including the actual economic loss, such as the future and past medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to win. The injured patient or their lawyer if the patient has died, must demonstrate each of these legal elements:

That a hospital or doctor had a responsibility to act in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care will not necessarily cause injury. It must be proven that it directly caused the injury and was the main reason for the injury.

It is typically necessary to file a formal complaint to a state medical board in order to safeguard the rights of the patient and to ensure that the doctor doesn't commit additional malpractice. A report is not a lawsuit but it could be the first step to beginning the process of bringing a malpractice claim. It is often best to speak with an Syracuse attorney for malpractice prior to making a report or other document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and then handed to the doctor who is the defendant. A court-appointed lawyer for the plaintiff will then look over the documents and, if it is found that there could be a case of malpractice the lawyer will file an affidavit and complaint before the court describing the medical error that they believe to have committed.

The next step is to collect evidence through pretrial disclosure. This involves the submission of requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath about his or her knowledge of the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a claim for medical malpractice in court. These include the existence of a duty on the doctor's part to provide medical malpractice law firm care and treatment to patients; the physician's breach of this duty; an causal connection between the breach and the patient's injuries or death; and a sufficient amount of damages resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and after the incident of an alleged malpractice, details about experts, copies of tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred, and the names and contact information for witnesses who are expected to be present at trial.

Most states have a statute of limitations which allows injured patients an amount of time after a medical error to pursue a lawsuit. These time limits are typically determined by the law of the state and are subject to rules known as the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured has to show that the doctor's negligence caused specific harm, medical malpractice lawsuits like physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in presence of a court reporter who is able to record the questions as with the answers. The deposition is a part of the discovery process, in which the parties gather information to use in the trial.

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

A deposition allows attorneys to get a complete background on the doctor's background in terms of his or her education, training and experience. This information is essential to proving the doctor breached the standard of care you expect and that this breach caused you injury. Physicians who have been educated in the area will often testify they have extensive experience performing certain techniques and procedures that could be relevant to a specific medical-malpractice case.

Trial

Your lawyer will file a complaint with the court and will issue a summons. This initiates the process of legal disclosure known as discovery. Your doctor and your team will collaborate to gather evidence to prove your case. This evidence typically includes medical records as well as testimony from expert witnesses.

The purpose of proving malpractice is to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had acted in accordance with the standard of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims, years of empirical research has shown that jury verdicts tend to reflect reasonable assessments of negligence and damages and juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle prior to trial.