The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This can include attorney time and court costs as well as expert witness fees and other costs.

An injury resulting from a healthcare professional's negligence, misconduct, error or omission can lead to medical malpractice claims. Injury victims can seek compensation for economic losses, including future or past medical expenses and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is a complex one and requires credible proof to be able to prevail. The injured patient (or their attorney if they've passed away) must demonstrate each of the following legal elements of the claim:

A hospital or doctor was bound to follow the standard of care applicable. The defendant breached this duty. The breach directly caused injury for the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause an injury; it must be proved that the breach directly caused the injury and was the direct cause of the injury.

To safeguard the rights of a patient and to ensure that a physician does not continue to commit mistakes, it is essential to file a report with the state medical board. However, filing a complaint does not initiate an action, and is often just a first step to moving the malpractice claim. It is usually recommended to speak with an Syracuse malpractice lawyer before filing a report or other type of document.

Summons

As part of the legal process, a summons or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer for the plaintiff appointed by the court will look over these documents. If it appears there could be a malpractice claim the lawyer will file an affidavit and a complaint with the court, detailing the suspected error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting documents like hospital billing information and notes from the clinic, and then taking the defendant's deposition in which attorneys ask the defendant on his or their knowledge of the matter under an oath.

The attorney for the plaintiff will use this information to demonstrate the elements of a medical malpractice Attorney 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, a causal link between the breach and medical malpractice attorney the injury or death of the patient, and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the discovery process each side is entitled to seek and receive evidence pertinent to the case. This includes medical records prior to and after the alleged malpractice, information about experts, copies of tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims they incurred, as well as the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute of limitation that allows injured patients only an amount of time after an injury or medical mistake to pursue a lawsuit. These time limits are typically determined by state law, and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice attorney malpractice lawsuit, an injured patient must prove that the doctor's negligence caused specific harm, like 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 questions-and-answer sessions that take place in presence a court reporter, who takes notes of the questions as well in the responses. The deposition is part of the process of discovery, which consists of gathering information that can be used in a trial.

Depositions permit attorneys to question witnesses, often doctors, a series of questions. If a doctor is interrogated and asked to answer questions in a straight and honest manner under an oath. Usually the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial step in the trial and the doctor must focus on it with complete attention.

Depositions are a great way for attorneys to get a detailed background of the doctor, including his or his education, training and experience. This information is critical to establish that the doctor violated the standard of care in your situation and that the breach directly caused you injury. For example, physicians who have trained in the field of malpractice cases typically will affirm that they have extensive experience in performing certain procedures and practices that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will make a complaint to the court, along with a summons. This is the beginning of the process of legal disclosure known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This typically includes medical records and testimony from an expert witness.

The purpose of proving malpractice is to establish that your doctor'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 followed the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your lawyer.

Despite the common belief that doctors are targets for unsubstantiated claims of malpractice, decades of empirical evidence demonstrate that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases settle prior Medical malpractice Attorney to trial.