The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This can include attorney time court fees, expert witness fees and other costs.

An injury resulting from the negligence of a healthcare professional's misconduct, error or omission could result in a medical malpractice claim. Victims of injury can seek compensation for economic losses, like future or past medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice attorneys malpractice lawsuit is a complex one and requires evidence of credibility for success. The person who was injured (or their attorney if they've died) must show each of these legal elements of the claim:

That a doctor or hospital had a responsibility to follow the standards of care in force. The defendant failed to meet this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care cannot necessarily cause injury. It must be proved that it caused the injury directly and was the primary reason for the injury.

To protect a patient's rights, and to ensure that a physician does not continue to commit malpractice, it is necessary to file a claim with the state medical board. A report is not a lawsuit however, it is a good first step in initiating the malpractice lawsuit. It is often best to consult a Syracuse malpractice lawyer before filing a report, or any 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 lawyer appointed by the court will review the documents. If it is determined that there is a malpractice case the lawyer will file an affidavit as well as a complaint with the court, detailing the claimed error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents such as hospital invoices as well as notes from clinics and taking the defendant physician's deposition during which lawyers ask the defendant about his or his knowledge of the case under oath.

The information provided will be used by the plaintiff's lawyer to prove the elements of an action for medical malpractice in the course of trial. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's breach of this duty as well as a causal connection between the breach and the injury or death of the patient, and the amount of damages to warrant a monetary award.

Discovery

During the discovery process both sides are entitled to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information regarding experts and tax returns, copies of the tax return or other documents relating to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact information of witnesses who will be appearing at trial.

The majority of states have a statute of limitations which limits the amount of time a patient has to seek compensation for injuries caused by medical error. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical malpractice lawsuit the injured person must show that a doctor's negligence caused specific harm, such as physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for their injuries or death.

Deposition

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

Attorneys can pose a number of questions to witnesses, typically doctors. If a doctor is interrogated and asked to answer questions in a straight and honest manner under the oath. Usually, the physician is asked questions by one attorney, and later cross-examined by a second attorney. This is an important stage of the trial and requires the complete attention and focus of the physician.

A deposition allows attorneys to gain a thorough understanding of the doctor in terms of his or their education, training and experience. This information is crucial to convincing the court that the doctor did not adhere to your standards of care and that this breach caused injury. Physicians who have received training in this area often be able to prove they have experience with specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

A civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This initiates a legal process of disclosure known as discovery which is where you and your doctor's team collaborate to collect evidence to prove your case. The evidence usually consists of medical records and the testimony of experts.

To prove malpractice you must prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standard 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 the target of fraudulent malpractice claims Evidence from decades demonstrate that juries make reasonable estimates of negligence and damages and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases settle before trial.