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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 investment includes physician hours and work product and attorney time court costs as well as expert witness fees and countless other expenses.

A medical malpractice claim may be filed if a healthcare professional is negligent or has committed misconduct, made an error, or acted in a way that was not. The injured party can seek compensation for economic losses, such as past or future medical bills, as well as noneconomic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires a solid evidence to be successful. The injured patient or their attorney, should the patient die, must prove each of these legal elements:

The defendant did not fulfill that obligation. The defendant breached this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care does not in itself cause injury. It must be proved that it directly caused the injury and was the main reason for the injury.

In order to protect the rights of a patient, and to ensure that a physician is not committing further errors, it is required to file a report with the state medical malpractice law firms board. However, filing a complaint does not initiate an action, and is often just a beginning step in moving the malpractice claim. It is recommended to consult with a Syracuse lawyer for malpractice before filing a report or other type of document.

Summons

As part of the legal process a summons or claim forms 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 may be a case of malpractice and they file a complaint and affidavit with the court describing the alleged medical error.

The next step is to collect evidence by pretrial disclosure. This includes filing requests for medical malpractice law firms documents such as hospital bills or clinic notes, and taking depositions of the defendant's doctor. Attorneys will then ask the defendant under oath as to his or her knowledge regarding the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical negligence claim during trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach of this duty an causal connection between the breach and the patient's injury or death and a substantial amount of damages that result from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery process each side is entitled to seek and receive evidence pertinent to the case. This includes medical malpractice law firm records before and after the alleged malpractice, information about experts, copies of tax returns or other documentation related to out-of-pocket expenses which the plaintiff claims were incurred, and also the names and contact details for any witnesses who will be present at trial.

Most states have a statute-of-limitations which limits the amount of time a patient has to pursue a lawsuit after being injured due to a medical malpractice attorney mistake. These time limits are typically determined by the law of the state and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient has to prove that the negligence of a doctor caused a specific injury like physical pain or loss of income. They must also prove causation i.e. that negligence caused their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in front of an official court reporter who records both the questions and responses. Depositions are a part of the discovery process, in which the parties collect evidence for use in a trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a series of questions. When a physician is questioned by a lawyer, the doctor must answer all questions honestly under an oath. Typically, the doctor is initially questioned by an attorney before being cross examined by another attorney. This is an important stage in the trial, and the physician must pay attention to it with all their heart.

Depositions allow lawyers to gain a thorough understanding of the doctor in terms of his or the training, education and experience. This information is crucial to prove that the doctor did not meet the standards of care in your particular case and that the breach directly caused injury to you. Physicians who have been trained in this area are likely to be able to prove they have experience with specific 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 files a complaint and summons with the court of your choice. The process begins with a legal requirement of disclosure called discovery, where you and your physician's team work together to gather evidence to prove your case. This usually includes medical records and testimony of an expert witness.

The goal of proving negligence is to prove that the actions of your doctor fell short of 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 acted according to the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts usually reflect fair evaluations of damages and negligence and juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.