The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a medical malpractice Attorneys Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in many medical malpractice lawsuits. This can include physician hours and work product as well as attorney time court costs and expert witness fees and countless other expenses.

A traumatic injury caused by medical professional's negligence, misconduct, error or omission can give rise to a medical malpractice claim. Injury victims can seek compensation for economic losses, such as past or future medical bills as well as non-monetary injuries, such as pain and discomfort.

Complaint

A medical malpractice suit has many moving parts, and requires evidence that is credible evidence to prevail. The patient who has been injured or their attorney, in the event that the patient has passed away must show each of these legal elements:

That a doctor or hospital had a duty to follow the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care cannot in itself cause injury. It must be shown that it directly caused the injury and was the primary cause for the injury.

In order to protect a patient's rights, and to ensure that a doctor is not committing further malpractice, it is necessary to file a report with the state medical board. However, filing a complaint is not the start of a lawsuit and is often only a first step in moving the malpractice claim. It is recommended to consult an Syracuse malpractice lawyer before filing a report, or any other type of document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will review these documents. If it appears there could be a malpractice claim the lawyer is required to file an affidavit as well as a complaint with the court, detailing the possible mistake.

The next step is to gather evidence through pretrial disclosure. This involves submitting requests for evidence such as hospital billing information and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant about his or his knowledge of the situation under an oath.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical malpractice case in court. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's infraction of this obligation and a causal link between the breach and injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the process of discovery each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, information regarding experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket the plaintiff claims to have incurred, and the names and contact details of any witnesses who are expected to testify in the trial.

Most states have a statute of limitations which allows injured patients some time after an injury or medical mistake to bring a lawsuit. The length of time is determined by the laws of the state and are subject to a law known as the "discovery rules."

To prevail in a medical malpractice case the patient who was injured must prove that the doctor's negligence caused a specific harm that is physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that are conducted in the presence a court reporter, who is able to record the questions as as the answers. The deposition is an element of the discovery process which involves gathering information that can be used in the course of a trial.

Depositions allow attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is deposed, he or she must answer each question truthfully under oath. Typically, the doctor is asked questions by one attorney and later cross-examined by a second attorney. This is a crucial phase in the trial, and the physician must give it their full attention.

A deposition is a way for attorneys to get a complete background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial in prove that the doctor did not meet your standard of care and that this breach caused injury. Physicians who have received training in the area will often declare that they have experience in performing certain techniques and procedures that may be relevant to a particular medical-malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This begins a legal process of disclosure, referred to as discovery where you and the doctor's team work together to gather evidence to support your case. This evidence typically includes medical records as well as testimony from experts.

The objective of proving that you have committed a malpractice is to prove 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 your injuries would not have occurred if your doctor acted in accordance with the standard of care. The attorneys for your doctor will present arguments that do not agree with the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous claims of malpractice the decades of evidence confirm that jury verdicts reflect fair estimates of negligence and damages, and that juries are skeptical of inflated award amounts. The vast majority malpractice cases are settled before trial.