The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in many medical malpractice lawsuits. This can include physician hours and work product and attorney time court costs, expert witness fees, and many other costs.

An injury caused by an healthcare professional's negligence, mistakes, or error can lead to medical malpractice attorney malpractice claims. Victims of injury may seek compensation damages, including actual economic loss such as future and past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be successful. The injured person or their lawyer if the patient has died must show each of these legal elements:

The defendant did not fulfill that obligation. That the defendant breached that obligation. The breach directly caused injury to plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care does not cause injury, but it has to be shown that the breach directly caused the injury and was the primary cause of the injury.

It is sometimes necessary to file a claim to a state medical board to protect the rights of the patient and to ensure that the doctor doesn't commit additional errors. However, filing a claim does not start the process of a lawsuit, and is typically only a first step in moving the malpractice claim. It is recommended to speak with a Syracuse malpractice attorney prior to filing 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 doctor who is the defendant. A court-appointed lawyer for the plaintiff will then review these documents and, if they believe that there could be an incident of malpractice and they file a complaint along with an affidavit before the court describing the alleged medical error.

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

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 law firm malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the physician's breach of this duty and 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 discovery process, each side is entitled to seek and Medical malpractice attorney receive evidence pertinent to the case. This includes medical records prior to and after the incident of mishaps, information about expert witnesses and tax returns or other documentation relating to expenses out of pocket that the plaintiff claims were incurred, and also the names and contact details for any witnesses who testify at trial.

Most states have a statute of limitations that allows injured patients only the time period of a certain amount of years after a medical error to make a claim. The time limit is set by the laws of the state and are subject to a regulation known as the "discovery rules."

To win a medical malpractice case, an injured patient must prove that the doctor's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are sessions of question and answer which take place in the presence a court reporter, who records the questions as well with the answers. Depositions are a part of the discovery process in which parties collect information for use in the trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. When a physician is questioned by a lawyer, the doctor must answer the questions truthfully under oath. Typically, the doctor is asked questions by an attorney and then cross-examined by another attorney. This is a crucial stage of the process and requires the full attention and focus of the physician.

A deposition can help attorneys gather a full background of the doctor's background in terms of his or their education, training and experience. This information is critical to establish that the doctor violated the standards of care in your particular case and that the breach caused injury to you. For instance, doctors who have received training in the field of malpractice cases usually affirm that they have extensive experience in performing certain procedures and methods that may be relevant to a particular medical malpractice case.

Trial

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

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 a jury that it is more likely than not your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. Your doctor's lawyers will present defenses that go against the evidence presented by your lawyer.

Despite the belief that doctors are the target of false claims of malpractice, decades of empirical evidence demonstrate 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 settle before trial.