How to File a Medical Malpractice Lawsuit

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

An injury resulting from the negligence of a healthcare professional's incompetence, error or omission can lead to medical malpractice claims. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be able to prevail. The injured patient (or their attorney if they've lost their claim) must show each of these legal aspects of the claim:

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 duty of care cannot directly cause injury. It must be demonstrated that it caused the injury directly and was the proximate reason for the injury.

To protect the rights of patients, and to ensure that a physician is not committing further malpractice, it is necessary to file a complaint with the state medical board. A report is not a lawsuit, but it could be an excellent first step in initiating the malpractice lawsuit. It is best to consult an Syracuse malpractice attorney prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A lawyer for the plaintiff appointed by the court will review these documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation including hospital billing or clinic notes, and taking depositions of the doctor who is defending the case. Attorneys then will question the defendant under oath as to their knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to establish the elements of a medical malpractice claim during trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's injury or death and a sufficient amount of damages that result from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes bridgeport medical malpractice lawsuit records that were taken prior to and after an incident of alleged negligence, information about experts, copies of tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact details of witnessawyer file a complaint and summons with the court of your choice. This triggers a legal procedure of disclosure, also known as discovery, where you and your physician'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.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standard of care. The lawyers for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the myth that doctors are targets for unsubstantiated claims of malpractice years of evidence show that jury verdicts reflect reasonable assessments of damages and negligence and that juries tend to be skeptical of inflated award amounts. The vast majority malpractice cases are settled before trial.