The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice attorney malpractice cases require a lot of time and resources from both physicians and lawyers. This includes attorney time, court fees, expert witness fees and other costs.

A serious injury that is the result of the negligence of a healthcare professional's misconduct, error or Medical Malpractice omission can give rise to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic loss such as future and past medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice suit has many moving parts and requires reliable evidence to win. The injured patient (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:

The defendant breached that obligation. That the defendant breached that duty. The breach directly caused injury for the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care does not cause an injury, but it must be proved that the breach directly caused the injury and was the main reason for the injury.

It is usually necessary to file a claim with a state medical board to protect the rights of the patient and to ensure that the doctor does not commit further negligence. However, filing a report is not the start of an action and is usually just a first step to getting the malpractice case moving. It is recommended to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will go through the documents. If it is determined that there may be a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, detailing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents, such as hospital billing and clinic notes, and taking the deposition of the defendant's doctor. Attorneys then will question the defendant under oath about their knowledge of the case.

The attorney for the plaintiff will use this information to establish the elements of a medical negligence claim in court. The elements of a medical malpractice lawyer malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's violation of this duty, a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the process of discovery, both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records from before 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 have been caused, and the names and contact details of any witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that restricts the time a patient has to claim compensation after suffering injuries due to a medical mistake. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice claim the injured person must show that a doctor's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions and answer sessions conducted in the presence of a court reporter who documents both the questions and the responses. The deposition is part of the discovery process, which involves gathering information that can be used in the trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. When a physician is deposed by a lawyer, the doctor must answer all questions truthfully under the oath. Typically, the doctor is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial stage of the process and requires the complete concentration and attention of the doctor.

A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including the doctor's education, training and experience. This information is essential to showing that the doctor violated the standard of care in your situation and that the breach resulted in injury. Doctors who have been trained in this area are likely to be able to prove they have knowledge of certain procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue a summons. The process begins with a legal requirement of disclosure known as discovery which is where you and your doctor's team collaborate to collect evidence to support your case. This usually includes medical records and testimony from experts.

The purpose of proving malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standards of care. Your doctor's lawyer will offer defenses which contradict the evidence presented to you by your attorney.

Despite the belief that doctors are the target of frivolous claims of malpractice years of evidence demonstrate that jury verdicts reflect reasonable assessment of the severity of the damage and negligence and that juries tend to be skeptical of inflated award amounts. The vast majority of malpractice cases settle before trial.