The 10 Most 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 lawyers. This can include attorney time court fees, expert witness fees and other expenses.

An injury caused by an healthcare professional's negligence, mistake, or omission can give rise to a medical malpractice claim. Injury victims may seek compensatory damages, including actual economic loss such as future and past medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof for success. The injured party (or their attorney if they've passed away) must show each of these legal aspects of the claim:

The defendant violated this duty. The defendant breached this duty. The breach directly caused injury for the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care doesn't cause injury; it must be shown that the breach directly caused the injury and was the primary reason for the injury.

To protect the rights of a patient and to ensure that a doctor is not committing further errors, it is required to file a claim with the state medical board. However, Medical malpractice attorneys filing a complaint does not start the process of a lawsuit, and is typically just a first step to getting the malpractice claim moving. It is recommended to talk with an Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A plaintiff's lawyer who is appointed by the court will look over the documents. If it appears that there could be a malpractice claim the lawyer will file an affidavit and complaint with the court, detailing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting documents such as hospital billing information or clinic notes, as well as conducting a deposition of the doctor who is being sued in which attorneys ask the defendant about his or his knowledge of the case under the oath.

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

Discovery

During the process of discovery, both sides are able to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of alleged negligence, information about experts, copies of tax return or other documents related to out-of-pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of witnesses who will be testifying during the trial.

Most states have a statute of limitation that permits injured patients the time period of a certain amount of years after an injury or medical mistake to bring a lawsuit. These limitations are set by the laws of the state and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice lawsuit, the patient must show that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -which means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

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

Depositions allow attorneys to ask witnesses, usually doctors to answer a series of questions. If a physician is interrogated by a lawyer, the doctor must answer each question truthfully under the oath. Usually the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an essential stage of the trial and requires the full attention and focus of the doctor.

A deposition allows attorneys to get a complete background on the doctor in terms of his or his education, training, and experience. This information is crucial in prove that the doctor did not meet your standards of care and caused injury. Physicians who have been educated in this area often affirm that they have years of experience in performing certain procedures and techniques that could be relevant to a specific Medical malpractice Attorneys malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the court of your choice. This begins the process of legal disclosure, also known as discovery. Your doctor and your team will work together to collect evidence to support your case. This evidence typically includes medical records and testimony from experts.

To prove malpractice you must prove that your doctor's actions were below the standard of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor medical malpractice attorneys had acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of false claims of malpractice years of evidence shows that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle prior to trial.