The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in the many lawsuits involving medical malpractice. This can include physician hours and work product attorneys' time, court costs, expert witness fees, and many other costs.

An injury resulting from a healthcare professional's negligence, mistakes, or error can give rise to a medical malpractice claim. The injured party may be able to seek compensation damages, which include economic losses, such as past and future medical malpractice Attorneys bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires a solid evidence to be successful. The injured party (or their attorney if they've lost their claim) must show each of these legal aspects of the claim:

That a doctor or hospital had a duty to act in accordance with the applicable standard of care. The defendant violated that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't directly cause injury. It must be demonstrated that it directly caused the injury and was the primary cause for the injury.

It is often necessary to file a complaint with a medical board in the state to protect the rights of the patient and to ensure that the doctor does not engage in further mistakes. However, medical malpractice attorneys filing a complaint is not the start of an action and is usually only a first step in moving the malpractice claim. It is generally recommended to consult with a Syracuse malpractice lawyer before filing a report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears there may be a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, detailing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and notes from clinics, and taking the deposition of the defendant's doctor. Attorneys then will question the defendant under oath regarding his or her knowledge of the case.

The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice claim at trial. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's violation of this duty; causality between the breach and the patient's injury or death and a substantial amount of damages resulting from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence pertinent to their case. This includes medical records from prior to and after an incident of alleged negligence, information regarding experts and tax returns, copies of the tax return or other documents related to expenses out of pocket the plaintiff claims to have caused, and Medical malpractice attorneys the names and contact details of witnesses who will testify at trial.

Most states have a statute of limitations which allows injured patients a certain number of years after an injury or medical mistake to pursue a lawsuit. Those time limits are usually set by law of the state, and they are subject to rules referred to as the "discovery rule."

To win a medical malpractice lawsuit, the patient has to show that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of an official court reporter who records both the questions and answers. The deposition is a part of the discovery process which consists of gathering information that can be used in a trial.

Attorneys can ask a series questions to witnesses, usually doctors. When a physician is deposed, they must answer all questions honestly under an oath. Typically, the doctor is first questioned by an attorney and then interviewed by another attorney. This is a crucial stage of the trial and requires the full attention and focus of the doctor.

Depositions allow lawyers to get a complete background on the doctor's qualifications in relation to his or their education, training and experience. This information is essential to showing that the doctor violated the standards of care in your case and that the breach caused injury to you. For instance, doctors who have been trained in the field of malpractice cases usually declare that they have a vast knowledge of certain procedures and methods that could be relevant to a specific medical malpractice claim.

Trial

A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the appropriate court. This triggers a legal procedure of disclosure called discovery, where you and your physician's team collaborate to collect evidence to prove your case. This usually includes medical records and expert witness testimony.

To prove malpractice you must prove that your doctor's actions were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your physician acted according to the standard of care. The lawyers for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the common belief that doctors are the target of fraudulent malpractice claims years of evidence confirm that jury verdicts are based on reasonable assessment of the severity of the damage and negligence, and that juries tend to be skeptical of large amounts of money awarded. The majority of malpractice cases settle prior to trial.