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 doctors and attorneys. This includes attorney time and court costs expert witness fees, and other expenses.

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission can lead to medical malpractice lawyer malpractice claims. Injury victims may seek compensatory damages, including actual economic losses, such as past and future medical bills, as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility for success. The patient who has been injured (or their attorney if they have died) must show each of these legal elements of the claim:

The defendant did not fulfill that duty. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the direct cause of the injury.

In order to protect the rights of a patient and to ensure that a doctor does not continue to commit malpractice, it is necessary to file a complaint with the state medical board. However, filing a complaint is not a way to start an action, and is often just a step towards getting the malpractice case moving. It is recommended to talk with a Syracuse malpractice attorney before making any report or other document.

Summons

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

The next step is to collect evidence through pretrial disclosure. This involves the submission of requests for documentation such as hospital bills and clinic notes, as well as taking depositions of the defendant's physician. Attorneys will then question the defendant on oath about their knowledge of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim in the course of trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide care and treatments to patients, the doctor's infraction of this obligation, a causal link between the breach and the injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records before and after the suspected malpractice, information on experts as well as copies of tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims they incurred, and the names and contact information for witnesses who are expected to appear at trial.

Most states have a statute-of limitations that limit the time a patient has to claim compensation after suffering injuries due to medical error. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice attorneys (read this) malpractice case the patient who was injured must show that a doctor's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are question and answer sessions conducted in the presence of a court reporter who records both the questions and the responses. Depositions are part of the discovery process through which parties collect information to be used in a trial.

Attorneys may ask a series of questions to witnesses, usually doctors. When a physician is deposed, they must answer all questions in an honest and open manner under the oath. Typically, the doctor is first interrogated by an attorney before being interrogated by a different attorney. This is an important stage in the case and the physician has to be attentive to the case.

A deposition is an excellent method for lawyers to obtain a detailed background of the doctor, including her training, education and experience. This information is crucial in prove that the doctor did not meet your standards of care and that this breach caused you injury. Physicians who have received training in this area are likely to affirm that they have years of experience with certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This begins a legal disclosure process called discovery. You and your doctor's staff will work together in order to gather evidence that can prove your case. This typically comprises medical records and testimony of an expert witness.

To prove malpractice it is essential to establish that the doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standard of care. The lawyers for your doctor will present defenses that go against the evidence that your attorney has presented.

Despite the myth that doctors are targets for malpractice claims that are frivolous, decades of research on the subject shows that jury verdicts usually reflect reasonable assessments of negligence and damages, and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle prior to trial.