The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This investment includes physician hours and work product, attorney time court costs, expert witness fees, and many other costs.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission could result in medical malpractice claims. Injury victims may seek compensatory damages, which could include actual economic loss such as past and future medical malpractice lawyers bills, and noneconomic loss such as pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to succeed. The injured patient, or Medical Malpractice their attorney when the patient has passed away must show each of these legal elements:

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

It is usually necessary to file a claim to a state medical board to protect the rights of the patient and to ensure that the doctor doesn't commit additional errors. But, filing a report does not initiate the process of a lawsuit, and is typically just a step towards getting the malpractice claim moving. It is recommended 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 handed to the defendant doctor. A plaintiff's lawyer appointed by the court will look over the documents. If it appears there is a malpractice issue the lawyer will file an affidavit and complaint with the court, detailing the alleged error.

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

The information provided will be utilized by the lawyer representing the plaintiff to prove elements of a medical malpractice claim during trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty a causal relationship between the breach and the patient's death or injury; and a sufficient amount of damages resulting from the death or injury to justly award monetary compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request any evidence relevant to their case. This includes medical records before and after the incident of mishaps, information about experts as well as copies of tax returns or other documentation relating to out-of-pocket expenses the plaintiff claims they incurred, and also the names and contact information for witnesses who are expected to be called to testify in the trial.

Most states have a statute of limitations that gives injured people some time after a medical mishap to pursue a lawsuit. The time limit is usually set by law of the state, and they are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, the injured patient must demonstrate that the negligence of the doctor caused a specific injury like physical pain or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence a court reporter, who is able to record the questions as with the answers. Depositions are part of the process of discovery in which the parties gather information to be used in the trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. When a doctor is questioned and questioned, they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first questioned by an attorney, and then interviewed by another attorney. This is a crucial stage in the trial and the physician has to be attentive to the case.

Depositions are a great way for attorneys to obtain details about the doctor, including the doctor's education, training and experience. This information is essential to establish that the doctor violated the standards of care in your particular case and that the breach caused injury to you. Physicians who have been educated in this area often be able to prove they have experience with specific procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This initiates a legal process of disclosure called discovery, where you and the doctor's team collaborate to collect information to prove your case. The evidence usually consists of medical records as well as testimony from expert witnesses.

To prove malpractice you must prove that your doctor'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 doctor followed the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your lawyer.

Despite the myth that doctors are the target of false claims of malpractice, decades of empirical evidence confirm that jury verdicts reflect fair assessment of the severity of the damage and negligence and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases are settled prior to trial.