The 10 Most 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 lawyers. This investment covers physician time and work product as well as attorney time court costs, expert witness fees, and countless other expenses.

An injury resulting from the negligence of a healthcare professional's mistakes, or error can lead to a medical malpractice claim. The injured party can seek compensation for economic losses, like future or past medical bills as well as non-monetary damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to succeed. The injured party (or their attorney if they've lost their claim) must show each of these legal aspects of the claim:

A hospital or doctor was bound to follow the standard of care applicable. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care doesn't necessarily cause injury. It must be demonstrated that it caused the injury directly and was the primary cause for the injury.

It is usually necessary to file a claim with a state medical board in order to safeguard the patient's rights and ensure that the doctor doesn't commit any further mistakes. However, filing a report does not initiate a lawsuit and is often just a step towards moving the malpractice claim. It is best to consult an Syracuse malpractice attorney before filing any report or document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there could be an incident of malpractice then they 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 includes filing requests for documents including hospital billing or clinic notes, and taking depositions of the defendant's doctor. Attorneys will then question the defendant under oath as to the details of the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice claim at trial. The elements of a medical 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 and a causal link between the breach and injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the process of discovery each side is entitled to request and receive evidence relevant to the case. This includes medical records prior to and following the an alleged malpractice, details about experts and tax returns, copies or other documentation relating to expenses out of pocket that the plaintiff claims were incurred, along with the names and contact information for any witnesses who will appear at trial.

Most states have a statute-of-limitations that restricts the period that a patient must sue after being injured by an error in medical care. The time limit is set by state laws and are subject to a rule called the "discovery rules."

To prevail in a Medical Malpractice Attorneys negligence case, an injured patient must prove that a physician's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that are conducted in the presence of a court reporter who will record the questions as with the answers. The deposition is an element of the process of discovery in which the parties gather information to be used in the trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a doctor is deposed and medical malpractice attorneys asked to answer questions in a straight and honest manner under an oath. Usually the physician is asked questions by one attorney and later cross-examined by a second attorney. This is an essential stage of the case and requires the full attention and focus of the physician.

A deposition is an excellent opportunity for lawyers to gather an extensive background on the doctor, including his or her training, education and experience. This information is crucial in showing that the doctor violated your standard of care and that this breach caused injury. Physicians who have received training in this area often declare that they have experience in performing certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

A civil court is officially launched when your lawyer files a complaint and summons with the appropriate court. The process begins with a legal requirement of disclosure, referred to as discovery where you and your doctor's team work together to gather evidence to prove your case. The evidence typically includes medical records as well as testimony from an expert witness.

The goal of proving malpractice is to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your 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 common belief that doctors are the target of frivolous claims of malpractice Evidence from decades 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 vast majority malpractice cases are settled before trial.