Medical Malpractice Attorneys Explained In Less Than 140 Characters

How to File a Medical 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.

An injury caused by a healthcare professional's negligence, mistakes, or error can give rise to medical malpractice claims. Plaintiffs seeking compensation for injuries can file for financial losses, such as past or future medical bills, as well as noneconomic damages, such as pain and discomfort.

Complaint

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

That a hospital or doctor medical malpractice lawsuit was required to follow the standard of care applicable. The defendant failed to meet this duty. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care itself does not cause injury, but it must be proven that the breach directly caused the injury and was the primary cause of the injury.

It is usually necessary to file a complaint with a state medical board in order to safeguard the rights of the patient and to ensure that the doctor does not commit additional errors. A report is not a lawsuit but it could be a good first step in beginning the process of bringing a malpractice claim. It is advisable to speak with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal procedure, an order or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it appears that there may be an instance of malpractice, they will file a complaint along with an affidavit to the court detailing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes submitting requests for documentation like hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then ask the defendant under oath regarding their knowledge of the case.

The attorney for the plaintiff will use this information to establish the elements of a medical negligence claim at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the physician's infraction of this obligation as well as a causal connection 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, each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records prior to and after the mishaps, information about expert witnesses and tax returns or other documentation related to out-of-pocket expenses the plaintiff claims they incurred, and also the names and contact information for any witnesses who will appear at trial.

The majority of states have a statute of limitations which limits the amount of time a patient has to seek compensation for injuries caused by an error made by a doctor. The length of time is determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice case an injured victim must prove that a doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injury or death.

Deposition

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

Attorneys can pose a number of questions to witnesses, which are usually doctors. If a doctor is interrogated they must answer all questions in a straight and honest manner under an oath. Usually the physician is asked questions by one attorney and later cross-examined by a second attorney. This is an important stage of the case that requires the complete concentration and attention of the physician.

A deposition is an excellent opportunity for lawyers to gather an in-depth background on the doctor, including the doctor's education, training and experience. This information is essential to convincing the court that the doctor did not adhere to your standard of care and that this breach caused you injury. For example, physicians who have trained in the area of malpractice cases usually testify that they have vast experience performing certain procedures and techniques that may be relevant to a specific medical malpractice claim.

Trial

A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the court of your choice. This is the beginning of a legal disclosure process called discovery. You and your doctor's team will work together to collect evidence to support your case. The evidence usually consists of medical records and the testimony of expert witnesses.

To prove malpractice it is essential to establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor acted according to the standards of care. The attorneys for your doctor will present defenses that go against the evidence presented by your lawyer.

Despite the myth that doctors are targets for frivolous malpractice claims decades of empirical research proves that jury verdicts usually reflect reasonable assessments of negligence and damages, and that juries are skeptical about inflated damage awards. The majority of malpractice cases are settled prior to trial.