The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This investment includes physician hours and work product attorneys' time, court costs and expert witness fees and countless other expenses.

A serious injury that is the result of the negligence of a healthcare professional's incompetence, error or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which include economic losses, such as past and future medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case has many moving parts and requires reliable evidence to win. The patient who has been injured or their attorney, should the patient die, must prove each of these legal elements:

The hospital or doctor was required to act according to the applicable standard of care. The defendant did not fulfill that duty. That the breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care doesn't cause injury; it must be proved that the breach directly caused the injury and was the main cause of the injury.

It is sometimes required to file a complaint with a medical board in the state in order to protect the rights of the patient and ensure that the doctor Medical Malpractice Attorneys does not commit further negligence. However, filing a claim does not initiate a lawsuit and is often only a first step in getting the malpractice claim moving. It is recommended to speak with a Syracuse malpractice attorney before filing any report or document.

Summons

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

The next step is to collect evidence by pretrial disclosure. This involves submitting documents such as hospital invoices or clinic notes, as well as conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or his knowledge of the case under the oath.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice case in court. The elements of a Medical malpractice attorneys malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's breach of this duty and a causal connection between the breach and the injury or death of the patient and enough 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 malpractice law firms records from prior to and after an incident of negligence, details about experts and tax returns, copies of the tax return or other documentation related to out-of-pocket expenses that the plaintiff claims to have attributable to them, and the names and contact information of witnesses who will be testifying during the trial.

The majority of states have a statute of limitation that gives injured people an amount of time after a medical mishap to file a lawsuit. The time limit is usually determined by the law of the state and they are subject to a rule known as the "discovery rule."

To prevail in a medical malpractice lawsuit, a patient who has been injured has to prove that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of an official court reporter who records both the questions as well as the answers. Depositions are part of the discovery process, which consists of gathering information that can be used in a trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. If a physician is interrogated to testify, he or she must answer all questions truthfully under the oath. Usually, the physician is questioned questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial phase in the trial and the doctor must give it their full attention.

A deposition is a great way for attorneys to get an in-depth background on the doctor, including his or medical malpractice attorneys his education, training and experience. This information is crucial for proving the doctor breached the standard of care you expect and that this breach resulted in injury to you. For instance, doctors who have been trained in the field of malpractice cases generally affirm that they have extensive experience in performing specific procedures and techniques that may be relevant to a specific medical-malpractice claim.

Trial

Your lawyer will file a complaint with the court, along with a summons. This initiates a legal process of disclosure, referred to as discovery which is where you and your doctor's team work together to gather evidence to prove your case. This usually includes medical records as well as testimony from an expert witness.

To prove malpractice it is necessary to prove that the actions of your doctor were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standards of care. Your doctor's lawyers will argue arguments that are contrary to the evidence presented by your lawyer.

Despite the legend that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts typically reflect fair judgments about the extent of negligence and damages and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases settle before trial.