The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in a variety of medical malpractice lawsuits. This includes doctor hours and work product, attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has acted in a manner that is illegal or erred, or failed to act. Injury victims may seek compensatory damages, including the actual economic losses, such as past and future medical malpractice attorney bills, and noneconomic damages like pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires credible proof to be successful. The injured patient or their attorney when the patient has passed away, must be able to prove each of these elements:

The defendant breached that obligation. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself is not a cause of injury, but it must be proven that the breach directly caused the injury and was the direct reason for the injury.

It is often necessary to file a claim to a state medical board in order to safeguard patients' rights and ensure that the doctor does not commit additional errors. However, filing a report is not the start of a lawsuit and is often just a step towards moving the malpractice claim. It is often best to consult with a Syracuse malpractice lawyer before filing a report or other type of document.

Summons

As part of the legal process, an order or claim form is filed with the court and handed to the doctor who is the defendant. A plaintiff's lawyer who is appointed by the court will look over these documents. If it appears that there could be a malpractice claim the lawyer will file an affidavit, along with a complaint to the court, describing the possible mistake.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for evidence such as hospital billing information or clinic notes, as well as taking the deposition of the defendant's physician where lawyers question the defendant about his or their knowledge of the matter under an oath.

The plaintiff's attorney will use this information to establish the elements of a claim for medical malpractice during trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's infraction of this duty a causal relationship between the breach and the patient's injuries or death and a substantial amount of damages resulting from the injury or death to justly award monetary compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records that were taken 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 paid, as well as the names and contact information of any witnesses who will be appearing during the trial.

Most states have a statute-of-limitations that restricts the length of time that a patient is allowed to pursue a lawsuit after being injured due to a medical mistake. The time limit is set by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice claim an injured victim must show that a doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who documents both the questions and responses. The deposition is a 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, typically doctors for a series of questions. When a doctor is questioned and asked to answer questions honestly under oath. Usually the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial stage of the case and requires the complete attention and focus of the doctor.

A deposition allows attorneys to obtain a detailed background on the doctor's background, including his or her education, training and experience. This information is crucial to proving that the physician breached the standards of care in your case and that the breach directly caused injury to you. Physicians who have been educated in this field will typically testify they have extensive experience with certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This triggers a legal procedure of disclosure, also known as discovery, where you and your physician's team work together to gather evidence to prove your case. The evidence usually consists of medical records and testimony from experts.

The purpose of proving malpractice is to establish that your physician's actions did not meet the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor followed the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are the target of fraudulent malpractice claims years of evidence shows that juries make reasonable estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases are settled before trial.