The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This can include physician hours and work product attorneys' time, court costs as well as expert witness fees and countless other expenses.

A traumatic injury caused by a healthcare professional's negligence, misconduct, error or omission could result in a medical malpractice claim. The injured party can seek compensation for economic losses, like future or past medical expenses, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to be successful. The patient who has been injured, or their attorney should the patient die must be able to prove each of these elements:

The defendant breached that obligation. The defendant violated this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't cause injury on its own. It must be shown that it directly caused the injury and was the main reason for the injury.

To safeguard a patient's rights, and to ensure that a physician is not committing further errors, it is required to file a report with the state medical board. However, filing a complaint does not initiate a lawsuit and is often only a first step in getting the malpractice case moving. It is generally recommended to speak with a Syracuse attorney for malpractice prior to filing a report, or any other type of document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal procedure. A plaintiff's lawyer who is appointed by the court will examine these documents. If it appears that there could be a malpractice claim, the lawyer will file an affidavit, along with a complaint to the court, describing the suspected mistake.

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

The attorney representing the plaintiff will use this information to demonstrate the elements of a claim for medical malpractice in court. These include the existence of an obligation on the doctor's part to provide Medical Malpractice Attorneys care and treatment to patients; the doctor's infraction of this duty an causal connection between the breach and the patient's death or injury; and a sufficient amount of damages that result from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records prior to and after an incident of negligence, details about experts, copies of tax return or other documents related to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact details of any witnesses who will testify in the trial.

Most states have a statute of limitation which allows injured patients some time after a medical malpractice law firm error to file a lawsuit. Those time limits are usually determined by the law of the state and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice case an injured victim must show that a doctor's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who documents both the questions and the answers. Depositions are a part of the discovery process in which the parties gather information for use in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. When a physician is deposed and questioned, they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first asked questions by an attorney and then interviewed by another attorney. This is a crucial phase of the case that requires the complete attention and focus of the doctor.

A deposition allows attorneys to gather a full background of the doctor's qualifications in relation to his or his education, training, and experience. This information is essential to showing that the doctor violated the standard of care you expect and caused injury. For instance, doctors who have completed training in the area of malpractice cases will typically be able to prove that they have a lot of knowledge of certain procedures and practices that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. This starts the process of legal disclosure known as discovery. You and your doctor's team will work together in order to gather evidence that can prove your case. This usually includes medical records as well as testimony from expert witnesses.

The goal of proving negligence is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. The lawyer representing your doctor will argue defenses that go against the evidence presented to you by your attorney.

Despite the legend that doctors are a target for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts usually reflect reasonable assessment of damages and negligence, and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases are settled before trial.