How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment covers physician time and work product and attorney time court costs and expert witness fees and many other costs.

A medical malpractice claim can be filed if a healthcare professional is negligent or has committed misconduct or committed a mistake or failed to take action. Victims of injury may seek compensation damages, including actual economic losses, such as past and future morgantown medical malpractice attorney bills, and noneconomic losses such as pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof to be successful. The injured patient (or their attorney if they've died) must show each of these legal elements of the claim:

The defendant did not fulfill that duty. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care cannot cause injury on its own. It must be proven that it directly caused the injury and was the proximate reason for the injury.

It is sometimes required to file a complaint to a state medical board in order to protect the patient's rights and ensure that the doctor does not commit any further malpractice. A report is not a lawsuit but it could be the first step to getting the malpractice claim started. It is advisable to speak with an Syracuse malpractice attorney prior to making any report or other document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will then look over the documents and, if it is found that there is an issue with malpractice, they will file a complaint and affidavit with the court describing the medical error that they believe to have committed.

The next step is obtaining evidence through pretrial disclosure. This involves filing requests for documents, such as hospital billing and clinic notes, as well as taking depositions of the defendant's physician. Attorneys then will question the defendant under oath regarding their knowledge of the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a norridge medical malpractice law firm malpractice claim during trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's breach of this duty and a causal link between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are allowed to request and receive evidence relevant to the case. This includes trenton medical malpractice Lawyer records prior to and after the incident of suspected malpractice, information on experts and tax returns, copies or other documents relating to expenses out of pocket that the plaintiff claims were incurred

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 begins a legal process of disclosure known as discovery where you and the doctor's team work together to gather evidence to prove your case. This evidence usually includes medical records as well as testimony from an expert witness.

To prove malpractice it is necessary to prove that the doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are the target of frivolous claims of malpractice the decades of evidence demonstrate that juries make reasonable judgments of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases are settled prior to trial.