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How to File a Medical Malpractice Lawsuit

Many medical malpractice attorneys malpractice lawsuits require a lot of time and resources from both physicians and attorneys. This includes attorney time and court costs expert witness fees, and other expenses.

A medical malpractice case can be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed an error or acted in a way that was not. Injury victims can seek compensation for financial losses, such as future or past medical bills and also non-economic injuries, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires reliable evidence to prevail. The patient who has been injured (or their attorney if they've passed away) must be able to prove each of the following legal aspects of the case:

The defendant breached the obligation. The defendant violated this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care will not directly cause injury. It must be shown that it directly caused the injury and was the primary reason for the injury.

In order to protect the rights of patients, and to ensure that a doctor doesn't commit any further malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit but it could be a good 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 form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for plaintiff will then look over the documents and, if it is found that there may be an issue with malpractice and they submit a complaint and an affidavit before the court describing the alleged medical error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents like hospital billing records or clinic notes, as well as conducting a deposition of the doctor who is being sued in which attorneys ask the defendant about his or their knowledge of the matter under oath.

The plaintiff's attorney will use this information to establish the elements of a medical malpractice claim at trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty an causal connection between the breach and the patient's injuries or death and a substantial amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records before and after the incident of alleged malpractice, information about experts and tax returns or other documentation that pertains to expenses out of pocket that the plaintiff claims to have incurred, and also the names and contact information for any witnesses who will be called to testify in the trial.

Most states have a statute of limitations that allows injured patients only some time after a medical error to pursue a lawsuit. The time limit is usually set by law of the state, and are subject to rules known as the "discovery rule."

To prevail in a medical negligence case the injured person must prove that the doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of the court reporter who takes notes of both the questions as well as the responses. The deposition is an element of the process of discovery, which consists of gathering information that can be used in a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a series of questions. When a physician is deposed they must answer all questions in a straight and honest manner under oath. Typically, the doctor is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial stage in the trial, and the physician must focus on it with complete attention.

A deposition is a way for attorneys to get a complete background on the doctor's background in terms of his or his education, training, and experience. This information is crucial for prove that the doctor did not meet your standard of care and caused injury. Physicians who have been educated in the area will often testify they have extensive knowledge of certain techniques and procedures that could be relevant to your particular medical-malpractice case.

Trial

A civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the court of your choice. This initiates a legal process of disclosure known as discovery where you and your physician's team work together to gather evidence to support your case. This evidence typically includes medical records and the testimony of experts.

The purpose of proving malpractice is to prove that your physician's actions were not in line with the standard 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 argue arguments that do not agree with 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 evaluations of damages and negligence and that juries are skeptical of overinflated damages awards. The majority of malpractice cases are settled before trial.