The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by medical professional's negligence, mistakes, or error can lead to medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, such as future or past medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be able to prevail. The injured party (or their attorney if they have died) must be able to prove each of the following legal aspects of the claim:

The hospital or doctor had a responsibility to act according to the applicable standard of care. The defendant did not fulfill that duty. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury, but it must be proved that the breach directly caused the injury and was the proximate reason for the injury.

It is sometimes required to file a complaint with a state medical body in order to protect the rights of the patient and to ensure that the doctor does not commit further errors. However, filing a claim is not the start of an action and is usually only a first step in getting the malpractice case moving. It is usually recommended to consult with an Syracuse lawyer for malpractice before filing a report or any other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer who is appointed by the court will look over these documents. If it appears there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, describing the claimed mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves filing requests for documents such as hospital bills and notes from clinics, and taking the deposition of the defendant's doctor. Attorneys will then question the defendant on oath about his or her knowledge regarding the case.

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice claim during trial. The elements of a Medical Malpractice attorney malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the doctor's breach of this duty, a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary compensation award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records prior to and after the mishaps, information about expert witnesses, copies of tax returns or other documentation related to out-of-pocket expenses the plaintiff claims were incurred, as well as the names and contact details for witnesses who are expected to testify at trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to seek compensation for injuries caused by an error made by a doctor. These limitations are set by state laws and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit, an injured patient has to demonstrate that the negligence of the doctor caused a specific injury such as physical pain, 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 that take place in the presence of a court reporter who records both the questions and responses. The deposition is part of the discovery process, which consists of gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, often doctors, a series of questions. If a physician is interrogated by a lawyer, the doctor must answer each question truthfully under an oath. Usually, the physician is asked questions by an attorney and then cross-examined by another attorney. This is an essential stage of the process and requires the full concentration and attention of the doctor.

A deposition can help attorneys get a complete background on the doctor's qualifications in relation to his or his education, training, and experience. This information is crucial for proving the doctor breached your standards of care and that this breach caused you injury. For example, physicians who have been trained in the field of malpractice cases generally testify that they have vast knowledge of certain procedures and practices that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This begins the process of legal disclosure, also known as discovery. You and your doctor's staff will work together to gather evidence to support your case. This evidence usually includes medical records as well as testimony of an expert witness.

The goal of proving negligence is to prove that your doctor's actions did not meet the standards 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 standards of care. Your doctor's lawyers will present defenses that contradict the evidence that your attorney has presented.

Despite the belief that doctors are targets for frivolous malpractice claims decades of research on the subject shows that jury verdicts generally reflect fair evaluations of damages and negligence, and that juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.