The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

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

A traumatic injury caused by an healthcare professional's negligence, mistake, or omission can result in a medical malpractice claim. Injury victims may seek compensatory damages, including the actual economic loss, such as the past and future medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be able to prevail. The injured patient (or their attorney if they have died) must demonstrate each of the following legal aspects of the claim:

That a hospital or doctor was bound to follow the applicable standard of care. The defendant violated that duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care does not in itself cause injury. It must be shown that it directly caused the injury and was the primary cause for the injury.

It is sometimes necessary to file a formal complaint with a medical board in the state in order to protect the rights of the patient and to ensure that the doctor does not commit additional negligence. But, filing a report does not start the process of a lawsuit, and is typically just a first step to making the malpractice claim move. It is advisable to speak with an Syracuse malpractice attorney before filing any report or other document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A plaintiff's lawyer who is appointed by the court will examine these documents. If it appears that there is a malpractice case the lawyer is required to file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests to document such as hospital billing information and clinic notes and taking the deposition of the defendant's physician during which lawyers ask the defendant about his or his knowledge of the situation under the oath.

The information provided will be used by the lawyer for the plaintiff to prove elements of a medical malpractice claim at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process, each side is entitled to request and receive evidence relevant to the case. This includes medical records prior to and after the alleged malpractice, information about expert witnesses as well as copies of tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims were incurred and the names and contact information for witnesses who are expected to be called to testify in the trial.

Most states have a statute of limitations that gives injured people an amount of time after a medical mishap to file a lawsuit. The length of time is typically determined by state law, and they are subject to rules known as the "discovery rule."

In order to win a medical malpractice case, an injured patient must prove that a doctor's negligence caused harm to a specific person that is 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 questions-and-answer sessions that take place in presence of a court reporter who is able to record the questions as as the answers. The deposition is a part of the discovery process, which consists of gathering information that can be used in the course of a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. When a physician is deposed, he or she must answer all questions honestly under an oath. Typically, the doctor is initially questioned by an attorney before being interviewed by another attorney. This is an important stage in the case and the doctor must give it their full attention.

A deposition can help attorneys obtain a detailed background on the doctor's background in terms of his or the training, education and experience. This information is essential to prove that the doctor did not meet your standards of care and caused injury. Physicians who have been trained in this field will typically declare that they have knowledge of certain procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This begins a legal process of disclosure, also known as discovery, where you and your physician's team collaborate to collect evidence to support your case. This usually includes medical records and testimony from an expert witness.

To prove malpractice it is necessary to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence provided by your attorney.

Despite the myth that doctors are targets for malpractice claims that are frivolous, years of empirical research has shown that jury verdicts tend to reflect fair evaluations of damages and Medical Malpractice negligence, and juries are skeptical of damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.