How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in many medical malpractice lawsuits. This includes attorney time court fees, expert witness fees and other expenses.

A serious injury that is the result of medical professional's negligence, misconduct, error or omission could result in medical malpractice claims. Injury victims may seek compensatory damages, which could include actual economic losses, such as past and future western springs medical malpractice lawsuit bills, as well as noneconomic expenses like pain and suffering.

Complaint

A Dayton Medical Malpractice Attorney malpractice lawsuit is made up of many moving parts and requires credible evidence to succeed. The injured patient, or their attorney if the patient has died, must prove each of these legal elements:

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

It is usually required to file a complaint with a state medical board in order to protect the rights of the patient and ensure that the doctor doesn't commit additional mistakes. A report is not a lawsuit, but it can be a good first step in getting the malpractice claim started. It is recommended to speak with an Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer who is appointed by the court will review these documents. If it is determined that there could be a malpractice claim, the lawyer will file an affidavit and complaint with the court, detailing the alleged mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents such as hospital bills or clinic notes, and taking the deposition of the defendant's physician. Attorneys will then question the defendant under oath about his or her knowledge of the case.

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice claim during trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty causality between the breach and the patient's injury or death and a sufficient amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence relevant to their case. This includes medical records prior to and after an incident of negligence, information regarding experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of any witnesses who will testify in the trial.

Most states have a statute-of limitations that limit the amount of time a patient can claim compensation after suffering injuries due to medical error. The length of time is typically determined by state law, and they are subject to rules known as the "discovery rule."

To win a burleson medical malpractice lawsuit malpractice lawsuit, the injured patient must show that the doctor's negligence resulted in specific harm like 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 questions and answer sessions that are conducted in front of an official court reporter who records both the questions as well as the answers. The deposition is part of the discovery process which involves gathering information that can be used in the trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. If a physician is interrogated and questioned, they must answer all questions truthfully under the oath. Usually, the physician is initially questioned by an attorney, and then interviewed by another attorney. This is an important stage in the case and the doctor must focus on it with complete attention.

Depositions allow lawyers to obtain a detailed background on the doctor's background in terms of his or his education, training, and experience. This information is crucial to establish that the doctor violated the standard of care in your particular case and that the breach directly caused you harm. For instance, doctors who have completed training in the field of malpractice cases will typically be able to prove that they have a lot of knowledge of certain procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the court of your choice. This initiates a legal process of disclosure, referred to as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This typically includes medical records as well as testimony from an expert witness.

The purpose of proving malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had followed the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims decades of research on the subject shows that jury verdicts generally reflect fair judgments about the extent of negligence and damages and that juries are skeptical about damages that are exaggerated. The vast majority of malpractice cases settle before trial.