The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and lawyers. This investment includes attorney time as well as court fees expert witness fees, court costs and other costs.

A traumatic injury caused by medical professional's negligence, incompetence, error or omission could result in a medical malpractice claim. Victims of injury can seek compensation for economic losses, including future or past medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The patient who has been injured or their attorney, in the event that the patient has passed away, must demonstrate each of these legal elements:

The defendant breached that obligation. The defendant breached this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care cannot in itself cause injury. It must be shown that it directly caused the injury and was the primary reason for the injury.

It is usually necessary to file a formal complaint with a state medical malpractice lawyer board in order to safeguard the rights of the patient and ensure that the doctor doesn't commit additional malpractice. But, filing a report does not initiate the process of a lawsuit, and is typically just a step towards getting the malpractice case moving. It is recommended to talk with a Syracuse malpractice lawyer prior to making any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court on behalf of the plaintiff will review the documents and, if they believe that there could be a case of malpractice, they will file a complaint along with an affidavit with the court, describing the medical malpractice attorneys error that is claimed to be the cause.

The next step is to gather evidence by pretrial disclosure. This involves submitting requests for documentation, such as hospital billing and clinic notes, and taking depositions of the defendant's physician. Attorneys then will question the defendant under oath about his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to prove the elements of a claim for medical malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the physician's violation of this duty and a causal link between the breach and injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery each side is entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of negligence, information on experts, copies of tax return or other documents related to expenses out of pocket the plaintiff claims to have attributable to them, and the names and contact details of witnesses who will be appearing in the trial.

Most states have a statute-of-limitations that limit the period that a patient must sue after being injured by medical error. These time limits are determined by state laws and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence caused specific harm, like physical pain or loss of income. They must also prove causation -which means that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in the presence of a court reporter who will record the questions as as the answers. The deposition is an element of the process of discovery in which parties collect information to be used in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. When a physician is deposed by a lawyer, the doctor must answer all questions honestly under oath. Usually, the physician is questioned questions by one attorney, and then cross-examined by a different attorney. This is an important stage in the trial and the physician must focus on it with complete attention.

A deposition is an excellent way for attorneys to get an extensive background on the doctor, including his or his education, training and experience. This information is crucial for proving the doctor breached your standard of care and resulted in injury to you. Doctors who have been trained in this area often declare that they have experience with certain techniques and procedures that may be relevant to an individual medical-malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer files a complaint and summons with the appropriate court. The process begins with a legal requirement of disclosure, referred to as discovery where you and your physician's team collaborate to collect evidence to support your case. This usually includes medical records as well as expert witness testimony.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred had your doctor acted in accordance with the standards of care. The lawyer for your doctor will present defenses that go against the evidence presented to you by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice years of evidence confirm that jury verdicts are based on reasonable judgments of negligence and damages, and that juries tend to be skeptical of large amounts of money awarded. The vast majority of malpractice cases are settled before trial.