The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

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

A medical malpractice lawsuit can be filed if a healthcare professional is negligent, has committed misconduct or committed a mistake or failed to take action. The injured party can seek compensation for economic losses, including past or future medical bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility to be able to prevail. The patient who has been injured or their lawyer if the patient has died must prove each of these legal elements:

The defendant breached that duty. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not cause injury on its own. It must be shown that it caused the injury directly and was the proximate reason for the injury.

To safeguard the rights of a patient and to ensure that a doctor is not committing further mistakes, it is essential to file a complaint with the state medical board. However, filing a report is not the start of an action and is usually just a beginning step in making the malpractice claim move. It is often best to speak with an Syracuse attorney for malpractice prior to making a report or other type of document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then review these documents and, if it appears that there could be an instance of malpractice and they file a complaint and affidavit with the court, describing the medical error that is claimed to be the cause.

The next step is to collect evidence through pretrial disclosure. This involves the submission of requests for documentation, such as hospital billing and clinic notes, as well as taking depositions of the defendant's doctor. Attorneys will then ask the defendant under oath as to his or her knowledge regarding the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a claim for medical malpractice during trial. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's infraction of this duty a causal link between the breach and the patient's injury or death; and a sufficient amount of damages that result from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records before and after the incident of suspected malpractice, information on expert witnesses and tax returns or other documents relating to the out-of-pocket expenses that the plaintiff claims were incurred and the names and contact details of any witnesses who are scheduled to be present at trial.

The majority of states have a statute of limitations that limit the amount of time a patient can pursue a lawsuit after being injured due to a medical mistake. The length of time is determined by state laws and are subject to a rule 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 caused specific harm, such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who is able to record the questions as in the responses. The deposition is a part of the discovery process which consists of gathering information that can be used in a trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. When a doctor is deposed and asked to answer questions in a straight and honest manner under the oath. Usually, the physician is questioned questions by one attorney and then cross-examined by a different attorney. This is an important stage of the process and requires the full attention and focus of the physician.

A deposition is a fantastic method for lawyers to obtain a detailed background of the doctor, including her training, education and experience. This information is essential to prove that the doctor did not meet the standards of care in your particular case and that the breach resulted in injury. For instance, doctors who have been trained in the field of malpractice cases typically will be able to prove that they have a lot of experience in performing certain procedures and methods that could be relevant to a specific medical malpractice case.

Trial

A civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This triggers a legal procedure of disclosure known as discovery where you and the doctor's team collaborate to collect information to prove your case. This typically comprises medical Malpractice attorneys records and testimony of an expert witness.

The goal of proving malpractice is to establish that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standards of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for fraudulent malpractice claims, decades of empirical evidence show that jury verdicts are based on reasonable judgments of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority malpractice cases are settled before trial.