The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest considerable time and funds in numerous medical malpractice lawsuits. This investment includes physician hours and work product attorneys' time, court costs and expert witness fees and many other costs.

An injury resulting from medical professional's negligence, mistakes, or error could result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, such as past or future medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to succeed. The patient who has been injured, or their attorney should the patient die, must prove each of these legal elements:

The defendant breached the duty. The defendant did not meet this obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot directly cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

To protect the rights of a patient, and to ensure that a physician is not committing further mistakes, it is essential to file a claim with the state Medical malpractice Attorneys board. A report is not a lawsuit however, it is an effective first step towards getting the malpractice claim started. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process, the summons or claim form is filed with the court and then handed to the doctor who is the defendant. A lawyer appointed by the court for the plaintiff will then look over the documents and, if it is found that there is a case of malpractice, they will submit a complaint and an affidavit with the court describing the medical error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence such as hospital bills and clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath about the details of the case.

The attorney for the plaintiff will use this information to establish the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's violation of this duty as well as a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are allowed to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, details about experts and tax returns or other documents related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact details of witnesses who will testify in the trial.

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

In order to win a medical negligence case the injured person must prove that a doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in front of a court reporter who documents both the questions as well as the responses. Depositions are part of the discovery process, in which the parties collect evidence to use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors, a series of questions. If a doctor is interrogated they must answer all questions honestly under the oath. Usually, the physician is first interrogated by an attorney and then cross examined by another attorney. This is a crucial phase of the process and requires the full concentration and attention of the doctor.

A deposition is a fantastic method for lawyers to obtain an in-depth background on the doctor, including their education, training, and experience. This information is essential to proving the doctor breached your standards of care and caused you harm. Physicians who have received training in this area are likely to affirm that they have years of experience in performing certain techniques and procedures that could be relevant to your particular medical-malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the appropriate court. This initiates a legal process of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to support your case. This typically consists of medical malpractice law firm records and the testimony of expert witnesses.

To prove malpractice, you must establish that the actions of your doctor did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred had your physician acted according to the standards of care. Your doctor's lawyers will present defenses that go against the evidence that your attorney has presented.

Despite the belief that doctors are targets for frivolous claims of malpractice, decades of empirical evidence demonstrate that jury verdicts reflect fair assessments of damages and negligence and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases settle before trial.