The 10 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 attorneys. This investment includes physician hours and work product, attorney time court costs and expert witness fees and many other costs.

A medical malpractice claim may be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal or committed a mistake or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, like future or past medical expenses as well as non-monetary injuries, such as pain and discomfort.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The patient who has been injured (or their attorney if they've lost their claim) must prove each of the following legal aspects of the claim:

The defendant breached the duty. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury, but it must be shown that the breach directly caused the injury and was the proximate cause of the injury.

To safeguard the rights of patients, and to ensure that a physician does not continue to commit errors, it is required to file a claim with the state medical Malpractice attorneys board. But, filing a report does not start an action and is usually just a first step to getting the malpractice case moving. It is generally recommended to consult with an Syracuse attorney for malpractice prior to filing a report or other 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 the documents. If it is determined that there may be a malpractice case the lawyer is required to file an affidavit and a complaint with the court, detailing the suspected error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes making requests for evidence like hospital billing and clinic notes, and taking depositions of the defendant's physician. Attorneys will then ask the defendant on oath about the details of the case.

This information will be used by the attorney representing the plaintiff to prove the elements of a medical malpractice claim in the course of 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, 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 each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of alleged negligence, information on experts and tax returns, Medical malpractice attorneys copies of the tax return or other documents related to out-of pocket expenses that the plaintiff claims have been attributable to them, and the names and contact information of any witnesses who are expected to testify in the trial.

The majority of states have a statute of limitations which limits the amount of length of time that a patient is allowed to sue after being injured by an error in medical care. The time limit is set by state laws and are subject to a rule called the "discovery rules."

In order to win a medical negligence case the injured person must prove that the doctor's negligence caused a specific harm like physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question-and-answer sessions which take place in the presence of a court reporter who is able to record the questions as with the answers. The deposition is an element of the discovery process which is about gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, mostly doctors. When a physician is deposed by a lawyer, Medical malpractice attorneys the doctor must answer the questions truthfully under oath. Typically, the doctor is first asked questions by an attorney and later interrogated by a different attorney. This is a crucial phase in the trial and the doctor must give it their full attention.

Depositions allow lawyers to obtain a detailed background on the doctor's background in terms of his or the training, education and experience. This information is essential to convincing the court that the doctor did not adhere to the standard of care you expect and that this breach caused you injury. Doctors who have been trained in this field will typically affirm that they have years of knowledge of certain techniques and procedures that could be relevant to your particular medical malpractice case.

Trial

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

To prove that you committed a crime you must prove that the actions of your doctor were below the standard of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standard of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your lawyer.

Despite the belief that doctors are the target of fraudulent malpractice claims, decades of empirical evidence shows that jury verdicts reflect fair assessment of the severity of the damage and negligence and that juries are skeptical of excessive award amounts. The majority of malpractice cases are settled before trial.