The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in many medical malpractice lawsuits. This includes doctor hours and work product attorneys' time court costs and expert witness fees and countless other expenses.

A traumatic injury caused by a healthcare professional's negligence, mistakes, or error could result in medical malpractice claims. The injured party can seek compensation for economic losses, such as future or past medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to succeed. The injured party (or their attorney if they've lost their claim) must prove each of the following legal aspects of the claim:

The defendant did not fulfill that obligation. The defendant violated that duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care will not necessarily cause injury. It must be proved that it directly caused the injury and was the proximate reason for the injury.

To safeguard the rights of a patient and to ensure that a doctor does not continue to commit wrongdoing, it's necessary to file a claim with the state medical board. A report is not a lawsuit however, it is the first step to starting the malpractice claim. It is generally recommended to consult an Syracuse malpractice lawyer before filing a report or any other type of document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and delivered to the defendant doctor. A lawyer for the plaintiff appointed by the court will go through the documents. If it is determined that there is a malpractice issue the lawyer is required to file an affidavit, along with a complaint to the court, describing the claimed error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing records and notes from the clinic, and then taking the deposition of the defendant's physician where lawyers question the defendant on his or their knowledge of the matter under an oath.

The attorney for the plaintiff will use this evidence to prove the elements of a claim for medical malpractice at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's failure to fulfill this duty, a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request any evidence relevant to their case. This includes medical malpractice Attorneys records prior to and after the suspected malpractice, information on experts as well as copies of tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims were incurred, as well as the names and contact details of any witnesses who are scheduled to appear at trial.

Most states have a statute of limitation which allows injured patients the time period of a certain amount of years after a medical mishap to bring a lawsuit. Those time limits are usually set by law in the state, and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, the injured patient has to prove that the negligence of a doctor caused a specific injury such as 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 questions-and-answer sessions which take place in the presence of a court reporter who takes notes of the questions as well as the answers. Depositions are part of the process of discovery in which the parties collect evidence for use in a trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. When a physician is deposed and questioned, they must answer all questions truthfully under the oath. Usually, the physician is questioned questions by an attorney and is then cross-examined in the presence of another attorney. This is an important stage in the case, and the physician must pay attention to it with all their heart.

A deposition can help attorneys obtain a detailed background on the doctor in terms of his or their education, training and experience. This information is crucial for prove that the doctor did not meet your standard of care and resulted in injury to you. For instance, doctors who have completed training in the area of malpractice cases usually declare that they have a vast experience performing specific procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer files a complaint and summons with the court of your choice. This triggers a legal procedure of disclosure called discovery, where you and the doctor's team work together to gather information to prove your case. The evidence typically comprises medical records and expert witness testimony.

To prove that you committed a crime, you must establish that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standard of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your attorney.

Despite the belief that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts usually reflect reasonable evaluations of damages and negligence and that juries are skeptical about excessive damage awards. The vast majority malpractice cases are settled prior to trial.