Suing for medical malpractice can be a complex legal process, involving examining the details of your case and working with leading medical experts. In addition, there are a number of important time limits and procedural requirements that must be met in order to bring your lawsuit to trial.

For these reasons, it’s essential to consult an experienced sue for medical malpractice as soon as possible after the injury or illness resulting from the negligence and/or malpractice. Our attorneys at Sobo & Sobo can thoroughly investigate your situation and ensure that your case is properly filed before the time limit expires.

The first step in any medical malpractice lawsuit is filing a claim notice with the negligent healthcare worker. The requirements for this document vary by jurisdiction, but in most cases, the potential plaintiff must include a sworn statement from a doctor that confirms the claim’s merit. This requirement is designed to discourage unmeritorious or frivolous claims.

Once the claim has been filed, the defendant physician is served with a summons and complaint that lists all of the allegations against them. These documents are called pleadings, and they must be carefully reviewed by the defendant’s lawyer to identify any evidence that could be used at trial to undermine the plaintiff’s claim.

In most states, the potential plaintiff’s ability to recover damages in a successful medical malpractice lawsuit may be limited by state caps or limitations. These caps typically apply to noneconomic damages like pain and suffering, loss of enjoyment of life, and other similar losses. Many states also have laws that limit the amount of punitive damages awarded to injured patients.

During pretrial discovery, the plaintiff’s attorney must present a clear case that the defendant physician breached their duty of care and caused an injury to the patient. The standard of proof in civil cases is “more likely than not,” which is less demanding than the higher “beyond a reasonable doubt” required in criminal court trials.

If the plaintiff’s claim is successful, the jury will then decide how much in damages the victim should receive. This will depend on a number of factors, including the severity of the injury and how it affects the victim’s future quality of life. In some cases, a jury may decide that the negligent healthcare worker must pay compensatory damages in addition to any medical bills, lost income, or disability costs.

While the majority of medical malpractice lawsuits are brought in state courts, some cases can be filed or moved to federal court under certain conditions. For example, a claim can be transferred to federal court if it involves a violation of the Constitution or a federal statute or if the injured party lives in a different state than the defendant.

At Sobo & Sobo, our lawyers are dedicated to helping victims of malpractice get the compensation they deserve. We have offices in Middletown, Monticello, NYC, and Spring Valley, NY and represent clients throughout New York, Orange County, and the greater Hudson River Region. Call us now to schedule your free consultation with a member of our team.