The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This investment includes attorney time, court fees expert witness fees, and other expenses.

An injury resulting from the negligence of a healthcare professional's incompetence, error or omission could result in medical malpractice claims. Injury victims can seek compensation for economic losses, including past or future medical bills as well as non-monetary damages, such as pain and discomfort.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim for success. The person who was injured or their lawyer when the patient has passed away must prove each of these legal elements:

That a hospital or doctor was bound to act in accordance with the standard of care applicable. The defendant violated that obligation. The breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care does not cause injury; however, it must be proven that the breach directly caused the injury and was the direct cause of the injury.

It is usually necessary to file a complaint with a state medical board in order to safeguard the patient's rights and ensure that the doctor does not commit any further mistakes. However, filing a report is not a way to start an action, and is often just a beginning step in moving the malpractice claim. It is advisable to speak with a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and then handed to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will then go over these documents and, medical malpractice lawsuits if they believe that there is a case of malpractice the lawyer will file a complaint and affidavit before the court describing the alleged medical error.

The next step is obtaining evidence by pretrial disclosure. This involves submitting requests for documentation like hospital billing information and clinic notes and taking the deposition of the defendant's physician, where attorneys question the defendant about his or his knowledge of the case under the oath.

The attorney for the plaintiff will use this evidence to prove the elements of a medical malpractice claim during trial. This includes the existence of a duty on the physician's part to provide care and treatment to patients; the physician's breach of this duty causality between the breach and the patient's death or injury and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records from before and after an incident of alleged negligence, details about experts and tax returns or other documentation related to expenses out of pocket the plaintiff claims to have incurred, and the names and contact information of witnesses who will testify during the trial.

The majority of states have a statute of limitation which allows injured patients the time period of a certain amount of years after an injury or medical mistake to file a lawsuit. The time limit is set by the laws of the state and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice law firms malpractice lawsuit, an injured patient must demonstrate that the negligence of the doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injuries 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 an element of the process of discovery, which is about gathering information that can be used in a trial.

Attorneys can ask a series questions to witnesses, usually doctors. If a physician is interrogated to testify, he or she must answer all questions honestly under an oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial stage of the trial and requires the full concentration and attention of the physician.

A deposition is a great method for lawyers to obtain an in-depth background on the doctor, including his education, training and experience. This information is crucial for showing that the doctor violated your standards of care and that this breach caused injury. For example, physicians who have trained in the area of malpractice cases will typically testify that they have vast experience performing certain procedures and methods that may be relevant to a particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This starts the legal disclosure process known as discovery. Your doctor and your team will work together in order to gather evidence that can prove your case. This typically consists of medical records as well as testimony from expert witnesses.

The goal of proving malpractice is to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your doctor followed the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented to you by your attorney.

Despite the myth that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect fair evaluations of damages and negligence, and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.