The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many Medical Malpractice Attorneys malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This can include attorney time, court fees expert witness fees, court costs and other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent, has committed misconduct or erred, or failed to act. Injury victims may seek compensatory damages, which could include actual economic loss such as past and future medical bills as well as non-economic expenses like pain and suffering.

Complaint

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

The defendant breached that obligation. The defendant erred in his duty. That the breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury; it must be proved that the breach directly caused the injury 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 complaint with the state medical board. A report is not a lawsuit, but it could be an excellent first step in initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will then go over these documents and, if it appears that there could be a case of malpractice the lawyer will file an affidavit and complaint to the court detailing the alleged medical error.

The next step is to gather evidence through pretrial disclosure. This involves submitting requests for documentation like hospital billing records and clinic notes and taking the deposition of the defendant's physician where lawyers question the defendant on his or his knowledge of the case under the oath.

The information provided will be used by the attorney representing the plaintiff to prove elements of a claim for medical malpractice at trial. These include the existence of a duty on the doctor's part to provide medical care and treatment to patients; the doctor's breach of this duty; causality between the breach and the patient's death or injury and a substantial amount of damages resulting from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery process, both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documents relating to expenses out of pocket the plaintiff claims to have incurred, and the names and contact information of witnesses who will testify in the trial.

There are many states with a statute of limitations which limits the amount of amount of time a patient can sue after being injured by medical malpractice attorney error. The length of time is typically determined by the law of the state and they are subject to rules known as the "discovery rule."

To prevail in a medical malpractice claim the patient who was injured must prove that a doctor's negligence caused harm to a specific person, such as 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 sessions of question and answer that are conducted in the presence a court reporter, who is able to record the questions as and the answers. The deposition is a part of the discovery process in which the parties gather information for use in a trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. When a physician is questioned, he or she must answer the questions truthfully under the oath. Typically, the doctor is first questioned by an attorney and later cross examined by another attorney. This is a crucial step in the trial and the physician has to pay attention to it with all their heart.

A deposition allows attorneys to gather a full background of the doctor's background, including his or their education, training and experience. This information is essential for proving that the physician breached the standard of care in your case and that the breach directly caused you harm. Doctors who have been trained in this field will typically testify they have extensive experience in performing specific procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This typically comprises medical records and testimony from an expert witness.

The goal of proving malpractice is to prove that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your physician acted according to the standards of care. The lawyer for your doctor will present defenses that go against the evidence presented to you by your lawyer.

Despite the belief that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts generally reflect reasonable assessments of negligence and damages, and juries are skeptical of overinflated damages awards. The majority of malpractice cases are settled prior to trial.