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 medical malpractice resources from both doctors and attorneys. This includes doctor hours and work product, attorney time court costs, expert witness fees, and many other costs.

An injury caused by a healthcare professional's negligence, mistake, or omission can lead to medical malpractice claims. Victims of injury may seek compensation damages, which include economic losses such as past and future medical bills, as well as noneconomic loss such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires credible proof to be able to prevail. The person who was injured or their attorney, when the patient has passed away, must show each of these legal elements:

The defendant breached that obligation. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care is not a cause of injury, but it has to be shown that the breach directly caused the injury and was the proximate cause of the injury.

It is usually necessary to file a claim with a state medical body in order to protect patients' rights and ensure that the doctor does not commit additional errors. A report is not a lawsuit, but it could be an excellent first step in initiating the malpractice lawsuit. It is generally recommended to consult a Syracuse malpractice lawyer prior to filing a report or other 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 will go through these documents. If it appears there is a malpractice case, the lawyer will file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves making requests for evidence such as hospital bills or clinic notes, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant on oath about his or her knowledge of the case.

The plaintiff's attorney will use this evidence to prove the elements of a medical negligence claim at trial. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the physician's infraction of this obligation and a causal connection between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records prior to and after an incident of alleged negligence, information regarding experts as well as copies of tax returns or other documents related to expenses out of pocket the plaintiff claims to have attributable to them, and the names and contact information of witnesses who will be appearing in the trial.

Most states have a statute of limitations that gives injured people a certain number of years after a medical mishap to make a claim. These time limits are typically set by law of the state, and they are subject to rules known as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient must prove that the negligence of a doctor caused a specific injury such as physical pain, Medical Malpractice or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are question-and-answer sessions conducted in the presence of an official court reporter who records both the questions as well as the responses. The deposition is an element of the process of discovery in which parties collect information to use in the trial.

Attorneys may ask a series of questions to witnesses, typically doctors. When a physician is questioned, he or she must answer all questions honestly under an oath. Typically, the doctor is asked questions by one attorney, and later cross-examined by a second attorney. This is a crucial stage in the trial, and the physician must give it their full attention.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or the training, education and experience. This information is essential to showing that the doctor violated your standard of care and caused you harm. Physicians who have been educated in the area will often declare that they have knowledge of certain procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

A civil court is formally launched when your lawyer file a complaint and summons with the court of your choice. This triggers a legal procedure of disclosure, also known as discovery, where you and the doctor's team work together to gather evidence to prove your case. This evidence typically includes medical records and testimony from expert witnesses.

The purpose of proving malpractice is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your doctor acted according to the standard of care. The attorneys for your doctor will present arguments that are contrary to the evidence that your attorney has presented.

Despite the legend that doctors are a target for frivolous malpractice claims decades of empirical research shows that jury verdicts generally reflect reasonable assessments of negligence and damages and juries are skeptical of excessive damage awards. The majority of malpractice cases settle before trial.