The 10 Most 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 can include attorney time and court costs as well as expert witness fees and other expenses.

An injury caused by a healthcare professional's negligence, mistake, or omission can result in medical malpractice claims. The injured party can seek compensation for economic losses, like future or past medical malpractice lawyer bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice suit has many moving parts and requires credible evidence to win. The person who was injured (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

The defendant breached that obligation. The defendant violated that duty. The breach directly caused injury to plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury; however, it must be shown that the breach directly caused the injury and was the main cause of the injury.

It is often required to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor does not commit any further malpractice. But, filing a report is not a way to start an action and is usually just a first step to getting the malpractice case moving. It is best to consult an Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A court-appointed lawyer for the plaintiff will review the documents and, if it appears that there is an incident of malpractice and they submit a complaint and an affidavit to the court detailing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation, such as hospital billing or clinic notes, medical malpractice and medical malpractice taking the deposition of the defendant's physician. Attorneys will then question the defendant under oath regarding his or her knowledge of the case.

The information provided will be used by the attorney representing the plaintiff to establish the elements of an action for medical malpractice in court. This includes the existence of an obligation on the doctor's part to provide medical care and treatment to patients; the doctor's infraction of this duty an causal connection between the breach and the patient's death or injury and a significant amount of damages that result from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of negligence, information regarding experts as well as copies of tax returns or other documentation related to expenses out of pocket the plaintiff claims have been paid, as well as the names and contact information of any witnesses who will be appearing in the trial.

Most states have a statute of limitations that permits injured patients some time after a medical mishap to file a lawsuit. Those time limits are usually determined by state law, and are subject to rules called the "discovery rule."

To win a medical negligence case the injured person must prove that the doctor's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are sessions of question and answer that are conducted in the presence of a court reporter who takes notes of the questions as well and the answers. Depositions are a part of the process of discovery in which parties gather information to be used in the trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a set of questions. When a physician is deposed they must answer all questions in an honest and open manner under oath. Typically, the doctor is first asked questions by an attorney and later the attorney is cross-examined by another attorney. This is an important stage of the trial and requires the complete attention and focus of the doctor.

Depositions are a great method for lawyers to obtain a detailed background of the doctor, including his or his education, training and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach caused you harm. For instance, doctors who have completed training in the field of malpractice cases usually affirm that they have extensive experience performing certain procedures and methods that may be relevant to a specific medical malpractice claim.

Trial

A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. The process begins with a legal requirement of disclosure, also known as discovery, where you and the doctor's team collaborate to collect information to prove your case. This usually includes medical malpractice attorney records as well as testimony from expert witnesses.

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 wouldn't have occurred if your physician acted according to the standard of care. Your doctor's lawyer will present defenses that go against the evidence presented to you by your lawyer.

Despite the legend that doctors are a target for frivolous malpractice claims decades of empirical research proves that jury verdicts usually reflect fair evaluations of damages and negligence and juries are skeptical of damages that are exaggerated. The vast majority of malpractice cases settle before trial.