The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in a variety of medical malpractice lawsuits. This investment covers physician time and work product as well as attorney time, court costs, expert witness fees, and many other costs.

A serious injury that is the result of medical professional's negligence, mistakes, or error can result in medical malpractice lawyer malpractice claims. The injured party can seek compensation for economic losses, like past or future medical bills and also non-economic injuries, medical malpractice attorneys such as pain and discomfort.

Complaint

A medical malpractice attorneys malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to succeed. The injured patient (or their attorney if they've lost their claim) must demonstrate each of the following legal aspects of the claim:

The defendant did not fulfill that obligation. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself does not cause injury; however, it must be proven that the breach directly caused the injury and was the main cause of the injury.

To safeguard the rights of a patient, and to ensure that a doctor does not commit further wrongdoing, it's necessary to file a claim with the state medical board. A report is not a lawsuit, but it could be the first step to starting the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court will go through 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 suspected error.

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 physician. Attorneys will then ask the defendant under oath regarding his or her knowledge regarding the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a claim for medical malpractice law firm malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's failure to fulfill this duty and a causal link between the breach and the injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are able to request and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documents related to out-of-pocket expenses that the plaintiff claims to have attributable to them, and the names and contact details of witnesses who will testify at trial.

Most states have a statute-of-limitations that restricts the amount of time a patient can claim compensation after suffering injuries due to an error in medical care. Those time limits are usually set by law of the state, and are subject to a rule known as the "discovery rule."

In order to win a medical malpractice case the injured person must prove that the doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation -which means that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question-and-answer sessions that take place in presence of a court reporter who takes notes of the questions as well with the answers. The deposition is a part of the discovery process, which involves gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a series of questions. When a physician is deposed, he or she must answer all questions truthfully under an oath. Typically, the doctor is first asked questions by an attorney, and then the attorney is cross-examined by another attorney. This is an important stage of the case that requires the complete attention and focus of the doctor.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or his education, training, and experience. This information is critical to prove that the doctor did not meet the standards of care in your situation and that the breach resulted in injury. Physicians who have received training in the area will often be able to prove they have experience performing certain techniques and procedures that could be relevant to an individual medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This triggers a legal procedure of disclosure called discovery, where you and your doctor's team work together to gather information to prove your case. The evidence usually consists of medical records and testimony from expert witnesses.

To prove that you committed a crime, you must establish that your doctor's actions were below the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standard of care. The lawyers for your doctor will present arguments that do not agree with the evidence that your attorney has presented.

Despite the myth that doctors are a target for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts usually reflect fair assessment of damages and negligence and that juries are skeptical about damages that are exaggerated. The vast majority of malpractice cases settle before trial.