The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment includes attorney time and court costs expert witness fees, court costs and other costs.

A traumatic injury caused by a healthcare professional's negligence, mistake, or omission can result in a medical malpractice claim. Victims of injury can seek compensation for economic losses, like past or future medical bills and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice suit has many moving parts and requires reliable evidence to succeed. The injured patient, or their attorney when the patient has passed away, must prove each of these legal elements:

The defendant violated this duty. 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; however, it must be proven that the breach directly caused the injury and was the primary cause of the injury.

It is usually necessary to file a formal complaint with a state medical board in order to safeguard the rights of the patient and medical malpractice attorney to ensure that the doctor doesn't commit any further negligence. A report is not a lawsuit however, it is the first step to initiating the malpractice lawsuit. It is generally recommended to consult with a Syracuse lawyer for malpractice before filing a report, or any other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for plaintiff will then review these documents and, if they believe that there may be a case of malpractice and they file a complaint and affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document like hospital billing records or clinic notes, as well as taking the defendant physician's deposition in which attorneys ask the defendant on his or his knowledge of the situation under an oath.

This information will be utilized by the lawyer representing the plaintiff to prove the elements of an action for medical malpractice at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty as well as a causal connection between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery process both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of any witnesses who will be appearing at trial.

Most states have a statute of limitation which allows injured patients some time after a medical malpractice attorney error to pursue a lawsuit. Those time limits are usually determined by state law, and they are subject to a rule known as the "discovery rule."

In order to win a medical negligence case the patient who was injured must prove that the doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of the court reporter who takes notes of both the questions and responses. The deposition is a part of the discovery process which is about gathering information that can be used in the course of a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. When a doctor is questioned and questioned, they must answer all questions in an honest and open manner under oath. Usually, the physician is first interrogated by an attorney, and then cross examined by another attorney. This is an essential stage of the case and requires the complete concentration and attention of the doctor.

Depositions allow lawyers to gain a thorough understanding of the doctor's qualifications in relation to his or their education, training and experience. This information is critical to establish that the doctor violated the standard of care in your particular case and that the breach directly caused injury to you. Physicians who have received training in this area often affirm that they have years of experience in performing specific procedures and techniques that may be relevant to a specific medical-malpractice case.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates a legal process of disclosure called discovery, where you and your doctor's team collaborate to collect information to prove your case. This typically comprises medical records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to establish 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 would not have occurred had your doctor acted in accordance with the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are targets for frivolous claims of malpractice, decades of empirical evidence show that jury verdicts are based on reasonable judgments of negligence and damages, and that juries are skeptical of excessive award amounts. The vast majority malpractice cases are settled before trial.