The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This investment includes attorney time, court fees, expert witness fees and other expenses.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct or committed a mistake or acted in a way that was not. The injured party can seek compensation for financial losses, such as future or past medical bills as well as non-monetary damages, like pain and discomfort.

Complaint

A medical malpractice law firm malpractice suit has many moving parts, and requires evidence that is credible evidence to succeed. The patient who has been injured, or their attorney if the patient has died, must be able to prove each of these elements:

That a hospital or doctor was required to perform its duties in accordance with the standard of care applicable. The defendant did not fulfill that duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care does not directly cause injury. It must be shown that it caused the injury directly and was the primary cause for the injury.

It is sometimes required to file a complaint with a medical board in the state to protect the patient's rights and ensure that the doctor doesn't commit further negligence. A report is not a lawsuit but it could be the first step to initiating the malpractice lawsuit. It is generally recommended to consult with an Syracuse malpractice lawyer before filing a report or other document.

Summons

As part of the legal process a summons or claim forms is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court will look over these documents. If it is determined that there is a malpractice case and the lawyer files an affidavit and complaint with the court, describing the possible mistake.

The next step is to gather evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing information as well as notes from clinics and attorneys conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the situation under oath.

The plaintiff's attorney will use this information to prove the elements of a medical malpractice claim during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the physician's violation of this duty and a causal connection between the breach and the injury or death of the patient and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the discovery phase, both parties are allowed to request evidence relevant to their case. This includes medical records that were taken prior to and after an incident of negligence, details about experts and tax returns, copies of the tax return or other documentation relating to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact information of witnesses who are expected to testify in the trial.

The majority of states have a statute of limitations that limits the period that a patient must seek compensation for injuries caused by a medical mistake. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical malpractice case the injured person must prove that a doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who takes notes of the questions as well as the answers. The deposition is an element of the discovery procedure, which is about gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a doctor is deposed and questioned, they must answer all questions honestly under an oath. Typically, the doctor is initially questioned by an attorney and then interviewed by another attorney. This is a crucial stage of the case that requires the full attention and focus of the doctor.

A deposition allows attorneys to gain a thorough understanding of the doctor's background in terms of his or her education, training and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach caused you harm. Physicians who have been trained in this field will typically be able to prove they have experience performing certain procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

A lawsuit in a civil court is formally launched when your lawyer file a complaint and summons with the appropriate court. The process begins with a legal requirement of disclosure, referred to as discovery which is where you and your doctor's team work together to gather evidence to support your case. This evidence usually includes medical records as well as expert witness testimony.

To prove malpractice it is necessary to prove that your doctor's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had acted in accordance with the standards of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented to you by your lawyer.

Despite the belief that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts generally reflect reasonable evaluations of damages and negligence and that juries are skeptical about overinflated damages awards. The majority of malpractice cases are settled prior to trial.