The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in the many lawsuits involving medical malpractice. This investment includes attorney time, court fees expert witness fees, and other expenses.

A medical malpractice case can be filed when a healthcare professional is negligent, has committed misconduct or erred, or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic losses, such as future and past medical bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to win. The person who was injured or their attorney, when the patient has passed away must be able to prove each of these elements:

The defendant breached that obligation. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself doesn't cause injury, but it has to be proven that the breach directly caused the injury and was the primary reason for the injury.

To ensure a patient's rights, and to ensure that a doctor doesn't commit any further errors, it is required to file a claim with the state medical board. However, filing a complaint is not the start of an action and is usually just a first step to making the malpractice claim move. It is recommended to talk with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process, an order or claim form is filed with the court and handed to the defendant physician. A court-appointed lawyer for the plaintiff will then look over the documents and, if it is found that there is an instance of malpractice and they file an affidavit and complaint before the court describing the medical error that they believe to have committed.

The next step is to gather evidence by pretrial disclosure. This involves the submission of requests for documentation like hospital billing or clinic notes, and taking depositions of the defendant physician. Attorneys then will question the defendant under oath as to the details of the case.

The attorney for the plaintiff will use this information to prove the elements of a medical malpractice case during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide medical Malpractice Attorneys and treatment to patients, the physician's breach of this duty, a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical records prior to and after an incident of negligence, details about experts, copies of tax return or other documents relating to expenses out of pocket that the plaintiff claims to have paid, as well as the names and contact details of witnesses who will be appearing during the trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to pursue a lawsuit after being injured due to an error made by a doctor. The time limit is usually determined by state law, and are subject to rules called the "discovery rule."

To win a medical negligence case, an injured patient must prove that the doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of the court reporter who takes notes of both the questions and the responses. The deposition is an element of the process of discovery, which is the process of gathering evidence that can be used in the course of a trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a set of questions. When a physician is deposed and questioned, they must answer all questions truthfully under oath. Typically, the doctor is first interrogated by an attorney, medical Malpractice Attorneys and then cross examined by another attorney. This is an essential stage of the process and requires the full concentration and attention of the doctor.

A deposition is a great way for attorneys to obtain a detailed background of the doctor, including their education, training, and experience. This information is essential to showing that the doctor violated your standards of care and resulted in injury to you. For instance, doctors who have been trained in the area of malpractice cases usually testify that they have vast experience in the execution of specific procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This triggers a legal procedure of disclosure known as discovery which is where you and your doctor's team collaborate to collect evidence to prove your case. This typically includes medical records as well as testimony from an expert witness.

The purpose of proving malpractice is to establish that the actions of your doctor did not meet the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue defenses that go against the evidence presented to you by your attorney.

Despite the myth that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts usually reflect reasonable assessment of damages and negligence and that juries are skeptical about inflated damage awards. The vast majority malpractice cases are settled before trial.