How to File a Medical Malpractice Lawsuit Lawyers and doctors must invest significant time and money in numerous medical malpractice lawsuits. This can include physician hours and work product as well as attorney time, court costs and expert witness fees and countless other expenses. A medical malpractice claim can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal, made an error, or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, such as future or past medical bills, as well as noneconomic damages, like discomfort and pain. Complaint A medical malpractice case has many moving parts and requires credible evidence to be successful. The person who was injured (or their attorney if they have died) must prove each of the following legal aspects of the claim: The hospital or doctor had a responsibility to perform its duties in accordance with the standards of care in force. The defendant breached this duty. The breach directly caused injury to plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care is not a cause of injury; it must be proved that the breach directly caused the injury and was the main cause of the injury. It is typically necessary to file a claim with a state medical board in order to protect the patient's rights and ensure that the doctor does not engage in further mistakes. A report is not a lawsuit, but it can be an effective first step towards getting the malpractice claim started. It is often best to speak with an Syracuse malpractice lawyer prior to 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 handed to the defendant physician. A plaintiff's lawyer who is appointed by the court will review these documents. If it appears that there is a malpractice issue the lawyer will file an affidavit and complaint with the court, describing the alleged error. The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or her knowledge of the case under the oath. This information will be used by the plaintiff's lawyer to prove the elements of a claim for medical malpractice during trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide treatment and care to patients, the doctor's breach of this duty and a causal connection between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award. Discovery During the discovery process each side is entitled to request and receive evidence that is relevant to the case. This includes medical records before and following the suspected malpractice, information on experts and tax returns, copies or other documentation that pertains to out-of-pocket expenses the plaintiff claims to have incurred, along with the names and contact information of any witnesses who are scheduled to be present at trial. There are many states with 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 set by law of the state, and are subject to a rule known as the "discovery rule." To prevail in a medical malpractice lawsuit, an injured patient must prove that a physician's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation i.e. that negligence caused their injury or death. Deposition Depositions are questions and answer sessions that take place in the presence of the court reporter who takes notes of both the questions and the answers. Depositions are a part of the discovery process through which the parties gather information for use in the trial. Depositions permit attorneys to question witnesses, often doctors to answer a set of questions. If a doctor is deposed by a lawyer, the doctor must answer the questions truthfully under the oath. Usually, the physician is first asked questions by an attorney and then the attorney is cross-examined by another attorney. This is an important stage in the case and the physician must give it their full attention. A deposition is a great method for lawyers to obtain details about the doctor, including the doctor's education, training and experience. This information is crucial for showing that the doctor violated your standards of care and that this breach resulted in injury to you. Physicians who have received training in this area often testify they have extensive experience in performing specific procedures and techniques that may be relevant to your particular medical-malpractice case. Trial A civil court is formally launched when your lawyer files a complaint and summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. Your doctor and your team will work together to gather evidence to prove your case. This usually includes medical records and the testimony of experts. The objective of proving that you have committed a malpractice is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your physician acted according to the standard of care. Your doctor's lawyers will argue arguments that are contrary to the evidence presented by your attorney. Despite the common belief that doctors are the target of fraudulent malpractice claims Evidence from decades confirm that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled before trial.