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 can include physician hours and work product as well as attorney time court costs and expert witness fees and countless other expenses.

An injury caused by a healthcare professional's negligence, incompetence, error or omission can result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses as well as non-monetary injuries, such as discomfort and pain.

Complaint

A Medical malpractice attorneys malpractice suit has many moving parts and requires reliable evidence to prevail. The person who was injured (or their attorney if they have died) must be able to prove each of the following legal elements of the claim:

That a hospital or doctor had a responsibility to follow the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury for the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself is not a cause of injury, but it has to be proved that the breach directly caused the injury and was the proximate cause of the injury.

To protect the rights of a patient and to ensure that a physician doesn't commit any further wrongdoing, it's necessary to file a report with the state medical board. A report is not a lawsuit, however, it is an excellent first step in beginning the process of bringing a malpractice claim. It is best to consult a Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and Medical Malpractice Attorneys delivered to the defendant doctor. A lawyer appointed by the court for the plaintiff will review the documents and, if it appears that there is an issue with malpractice, they will file an affidavit and complaint to the court detailing the medical error that they believe to have committed.

The next step is to collect evidence by pretrial disclosure. This involves submitting documents like hospital billing information and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant on his or his knowledge of the case under the oath.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical malpractice claim at trial. This includes the existence of a duty on the doctor's part to provide treatment 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 that result from the death or injury to justify a monetary award of compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence pertinent to their case. This includes medical records before and after the suspected malpractice, information on expert witnesses and tax returns or other documents relating to out-of-pocket expenses the plaintiff claims to have incurred, as well as the names and contact information for any witnesses who appear at trial.

Most states have a statute-of limitations that limit the length of time that a patient is allowed to pursue a lawsuit after being injured due to an error in medical care. The time limit is usually determined by the law of the state and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice case the patient who was injured must prove that a physician's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causation, i.e. that negligence caused their death or injury.

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who takes notes of the questions as well and the answers. The deposition is an element of the process of discovery, which is about gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. When a doctor is questioned they must answer all questions in a straight and honest manner under an oath. Usually, the physician is initially questioned by an attorney and then interrogated by a different attorney. This is a crucial stage of the process and requires the complete attention and focus of the physician.

Depositions allow lawyers to gather a full background of the doctor's background in terms of his or her education, training and experience. This information is crucial in showing that the doctor violated your standard of care and that this breach caused you injury. For instance, doctors who have completed training in the field of malpractice cases typically will testify that they have vast knowledge of certain procedures and techniques that may be relevant to a particular medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. The process begins with a legal requirement of disclosure, referred to as discovery where you and the doctor's team collaborate to collect evidence to support your case. This evidence usually comprises medical malpractice lawyer records and testimony from an expert witness.

To prove that you committed a crime you must prove that your doctor's actions were below the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your physician acted according to the standard of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.

Despite the legend that doctors are targets for frivolous malpractice claims, years of empirical research has shown that jury verdicts usually reflect reasonable assessments of negligence and damages, and that juries are skeptical about inflated damage awards. The vast majority of malpractice cases settle before trial.