The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in a variety of medical malpractice lawsuits. This investment includes physician hours and work product and attorney time, court costs, expert witness fees, and countless other expenses.

An injury caused by the negligence of a healthcare professional's mistakes, or error can lead to medical malpractice claims. Victims of injury can seek compensation for economic losses, such as future or past medical bills, as well as noneconomic damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires a solid evidence to succeed. The injured person or their attorney, should the patient die must be able to prove each of these elements:

That a hospital or doctor was required to follow the applicable standard of care. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care cannot directly cause injury. It must be proven that it directly caused the injury and was the primary reason for the injury.

It is often necessary to file a formal complaint with a state medical board to protect the rights of the patient and ensure that the doctor doesn't commit additional mistakes. A report is not a lawsuit, but it can be the first step to getting the malpractice claim started. It is recommended to speak with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process a summons or claim forms is filed with the court, and then delivered to the defendant doctor. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there may be a case of malpractice and they submit a complaint and an affidavit with the court, describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document like hospital billing information and notes from the clinic, and then taking the deposition of the defendant's physician during which lawyers ask the defendant on his or her knowledge of the case under oath.

The lawyer for the plaintiff will utilize this information to establish the elements of a medical negligence claim at trial. The elements of a medical malpractice attorney malpractice claim include the existence of a duty on the part of the doctor to provide care and treatments to patients, the physician's breach of this duty and a causal connection between the breach and injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request any evidence relevant to their case. This includes medical malpractice law firms records that were taken prior to and after an incident of negligence, information regarding experts and tax returns or other documentation related to out-of-pocket expenses that the plaintiff claims have been incurred, and the names and contact information of witnesses who will testify at trial.

There are many states with a statute of limitations that limit the length of time that a patient is allowed to pursue a lawsuit after being injured due to a medical mistake. The length of time is determined by the laws of the state 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 negligence caused their death or injury.

Deposition

Depositions are question and answer sessions conducted in the presence of a court reporter who documents both the questions and the responses. The deposition is an element of the process of discovery, which involves gathering information that can be used in the trial.

Depositions permit attorneys to question witnesses, often doctors, a series of questions. If a physician is interrogated to testify, Medical malpractice attorneys he or she must answer each question truthfully under oath. Typically, the doctor is first asked questions by an attorney and then cross examined by another attorney. This is an important stage of the case that requires the complete concentration and attention of the physician.

A deposition is an excellent way for attorneys to obtain an extensive background on the doctor, including their education, training, and experience. This information is crucial for prove that the doctor did not meet your standards of care and that this breach caused injury. Physicians who have been educated in the area will often affirm that they have years of experience with certain techniques and procedures that may be relevant to an individual medical-malpractice case.

Trial

A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This triggers a legal procedure of disclosure called discovery, where you and your physician's team collaborate to collect evidence to prove your case. This evidence usually includes Medical malpractice attorneys records as well as expert witness testimony.

To prove malpractice it is essential to establish that the actions of your doctor were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred if your doctor acted according to the standards of care. Your doctor's lawyer will offer defenses that go against the evidence presented by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims years of empirical research has shown that jury verdicts typically reflect fair assessments of negligence and damages and that juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.