The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in numerous medical malpractice lawsuits. This includes doctor hours and work product and attorney time, court costs as well as expert witness fees and many other costs.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent, has committed misconduct, made an error, or acted in a way that was not. Injury victims may seek compensatory damages, which could include actual economic loss such as future and past medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case has many moving parts, and requires evidence that is credible evidence to be successful. The injured patient (or their attorney if they have died) must be able to prove each of the following legal aspects of the claim:

The defendant breached that duty. The defendant violated that duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot in itself cause injury. It must be demonstrated that it caused the injury directly and was the proximate reason for the injury.

It is typically necessary to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor does not commit any further malpractice. However, filing a claim does not initiate a lawsuit and is often just a first step to getting the malpractice case moving. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal procedure, an order or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will examine these documents. If it is determined that there could be a malpractice claim, the lawyer will file an affidavit and a complaint with the court, detailing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and clinic notes, as well as taking the deposition of the doctor who is defending the case. Attorneys will then ask the defendant under oath as to his or her knowledge of the case.

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's breach of this duty, a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the process of discovery both sides are allowed to ask for and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, information on experts and tax returns, copies of the tax return or other documentation relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact details of witnesses who will be testifying at trial.

Most states have a statute-of-limitations that limit the amount of time a patient can claim compensation after suffering injuries due to a Medical Malpractice Attorneys mistake. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

To win a medical malpractice lawsuit, a patient who has been injured has to demonstrate that the negligence of the doctor resulted in specific harm such as physical pain, or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question and answer sessions conducted in the presence of an official court reporter who records both the questions as well as the answers. Depositions are part of the discovery procedure, which involves gathering information that can be used in a trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. When a physician is deposed by a lawyer, the doctor must answer each question truthfully under an oath. Typically, the doctor is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial stage of the case and requires the full attention and focus of the physician.

Depositions allow lawyers to gain a thorough understanding of the doctor's background in terms of his or the training, education and experience. This information is critical to showing that the doctor violated the standard of care in your situation and that the breach resulted in injury. For example, physicians who have trained in the field of malpractice cases usually be able to prove that they have a lot of experience performing certain procedures and practices that may be relevant to a particular medical malpractice claim.

Trial

A civil court is officially launched when your lawyer lodges a complaint and a summons with the appropriate court. This begins a legal disclosure process called discovery. Your doctor and your team will work together to gather evidence to support your case. This typically comprises medical records and testimony of an expert witness.

The goal of proving malpractice is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor followed the standard of care. The lawyer for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims decades of empirical research proves that jury verdicts tend to reflect fair assessments of negligence and damages and juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.