The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice law firm malpractice cases require a lot of time and resources from both physicians and lawyers. This can include attorney time, court fees expert witness fees, court costs and other costs.

A serious injury that is the result of medical professional's negligence, incompetence, error or omission can give rise to a medical malpractice claim. Injury victims may seek compensatory damages, which include economic loss, such as the past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires reliable evidence to win. The injured person, or their attorney in the event that the patient has passed away, must show each of these legal elements:

That a doctor or hospital was required to act in accordance with the standards of care in force. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care does not cause injury; it must be shown that the breach directly caused the injury and was the direct reason for the injury.

It is often required to file a complaint with a state medical board in order to safeguard the rights of the patient and to ensure that the doctor does not commit further mistakes. However, filing a complaint does not initiate the process of a lawsuit, and is typically just a beginning step in moving the malpractice claim. It is best to consult an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and handed to the doctor who is the defendant. A plaintiff's lawyer appointed by the court will go through these documents. If it appears there is a malpractice issue the lawyer will file an affidavit, along with a complaint to the court, detailing the suspected error.

The next step is to gather evidence by pretrial disclosure. This involves submitting requests to document such as hospital invoices and clinic notes and taking the defendant physician's deposition, where attorneys question the defendant on his or his knowledge of the situation under oath.

This information will be used by the lawyer for the plaintiff to establish the elements of a claim for Medical Malpractice Attorney malpractice during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records that were taken prior to and after an incident of negligence, information about experts as well as copies of tax returns or other documentation related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact details of any witnesses who are expected to testify in the trial.

The majority of states have a statute of limitation that permits injured patients an amount of time after a medical error to pursue a lawsuit. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

To win a medical negligence case the injured person must prove that a physician's negligence caused specific harm, such as physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of a court reporter who documents both the questions as well as the answers. Depositions are a part of the discovery process, in which the parties gather information to be used in a trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. If a doctor is deposed and questioned, they must answer the questions truthfully under the oath. Usually, the physician is asked questions by an attorney and then cross-examined by another attorney. This is a crucial phase in the trial and the doctor must give it their full attention.

Depositions are a great way for attorneys to obtain details about the doctor, including his or his education, Medical Malpractice Attorney training and experience. This information is essential to convincing the court that the doctor did not adhere to your standards of care and caused you injury. Physicians who have been educated in this field will typically affirm that they have years of knowledge of certain procedures and techniques that could be relevant to your particular medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This is the beginning of a legal disclosure process called discovery. Your doctor and your team will collaborate to collect evidence to support your case. This evidence usually includes medical records as well as testimony of an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your doctor followed the standard of care. Your doctor's lawyers will present defenses that go against the evidence that your attorney has presented.

Despite folklore suggesting that doctors are a target for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts generally reflect reasonable assessments of negligence and damages and that juries are skeptical of overinflated damages awards. The vast majority malpractice cases are settled before trial.