The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and attorneys. This investment covers physician time and work product and attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or failed to act. The injured party may be able to seek compensation damages, including actual economic losses such as future and past medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof for success. The patient who has been injured or their attorney in the event that the patient has passed away, must show each of these legal elements:

The hospital or doctor was bound to perform its duties in accordance with the standard of care applicable. The defendant violated this duty. The breach directly caused injury to plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the proximate reason for the injury.

It is usually required to file a complaint with a state medical body to protect the rights of the patient and to ensure that the doctor doesn't commit additional malpractice. However, filing a report is not the start of an action, and is often just a beginning step in getting the malpractice case moving. It is recommended to speak with an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer appointed by the court will review the documents. If it is determined that there is a malpractice issue and the lawyer files an affidavit, along with a complaint to the court, describing the suspected error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes submitting requests for documentation such as hospital bills and clinic notes, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath about the details of the case.

The plaintiff's attorney will use this information to prove the elements of a medical malpractice claim in court. The elements of a Medical malpractice attorneys malpractice claim include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the doctor's infraction of this obligation, a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

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

Most states have a statute-of limitations which limits the amount of time a patient has to sue after being injured by an error made by a doctor. The length of time is typically set by law in the state, and they are subject to rules known as the "discovery rule."

To win a medical malpractice claim the injured person must prove that a physician's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are essentially question-and-answer meetings 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, which consists of gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is questioned, he or she must answer all questions honestly under oath. Usually, the physician is initially questioned by an attorney before being the attorney is cross-examined by another attorney. This is an essential stage of the case that requires the full concentration and attention of the physician.

A deposition allows attorneys to gather a full background of the doctor in terms of his or the training, education and experience. This information is crucial to proving the doctor breached your standard of care and caused you harm. Physicians who have received training in this field will typically affirm that they have years of experience in performing certain procedures and techniques that could be relevant to an individual medical malpractice case.

Trial

A civil court is launched when your lawyer lodges a complaint and a summons with the appropriate court. This begins a legal process of disclosure, also known as discovery, where you and your physician's team work together to gather evidence to support your case. This evidence typically includes medical records and the testimony of expert witnesses.

The objective of proving that you have committed a malpractice is to prove 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 could not have occurred had your doctor acted in accordance with the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice Evidence from decades show that juries make reasonable assessment of the severity of the damage and negligence, and that juries are skeptical of large amounts of money awarded. The vast majority of malpractice cases settle prior to trial.