The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in a variety of medical malpractice lawsuits. This includes attorney time and court costs as well as expert witness fees and other costs.

A traumatic injury caused by a healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Injury victims can seek compensation for economic losses, such as future or past medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A Medical Malpractice Attorneys malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to prevail. The person who was injured (or their attorney if they've passed away) must show each of these legal aspects of the claim:

The hospital or doctor was bound to act according to the applicable standard of care. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a standard of care cannot necessarily 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 to a state medical board to protect the rights of the patient and ensure that the doctor does not commit any further errors. A report is not a lawsuit but it could be an excellent first step in beginning the process of bringing a malpractice claim. It is usually recommended to consult a Syracuse attorney for malpractice prior to filing a report, or any other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and delivered to the doctor who is the defendant. A lawyer appointed by the court will go through these documents. If it is determined that there is a malpractice issue the lawyer will file an affidavit, along with a complaint to the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation, such as hospital billing and notes from clinics, and taking depositions of the defendant's physician. Attorneys will then question the defendant under oath regarding his or her knowledge regarding the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a claim for medical malpractice in court. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the physician's breach of this duty, a causal link between the breach and injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical malpractice law firm records before and following the an alleged malpractice, details about expert witnesses and tax returns, copies or other documents relating to the out-of-pocket expenses that the plaintiff claims they incurred, and the names and contact information for any witnesses who will be called to testify in the trial.

Most states have a statute of limitation which allows injured patients some time after a medical error to bring a lawsuit. The length of time is determined by state laws and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice attorney negligence case an injured victim must prove that a physician's negligence caused harm to a specific person for example, physical pain or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.

Deposition

Depositions are sessions of question and answer that take place in the presence of a court reporter who is able to record the questions as in the responses. Depositions are part of the discovery process, in which the parties collect evidence for use in a trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. When a physician is questioned, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial stage in the case and the physician must be attentive to the case.

A deposition is a way for attorneys to gather a full background of the doctor in terms of his or his education, training, and experience. This information is crucial to showing that the doctor violated your standard of care and caused injury. For example, physicians who have trained in the area of malpractice cases usually testify that they have vast experience in the execution of certain procedures and practices that could be relevant to a particular medical malpractice claim.

Trial

Your lawyer will submit a complaint to the court, along with a summons. This starts the legal disclosure process known as discovery. You and your doctor's team will work together to gather evidence to support your case. This evidence usually includes medical records as well as expert witness testimony.

To prove that you committed a crime you must prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standard of care. The attorneys for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the legend that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts typically reflect fair evaluations of damages and negligence and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.