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 doctors and lawyers. This can include attorney time as well as court fees as well as expert witness fees and other expenses.

A serious injury that is the result of a healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss such as past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires a solid proof of the claim to be successful. The person who was injured or their attorney, if the patient has died must be able to prove each of these elements:

The defendant breached the duty. The defendant did not fulfill that obligation. The breach directly caused injury to plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself doesn't cause injury, but it has to be shown that the breach directly caused the injury and was the direct reason for the injury.

It is typically necessary 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 additional malpractice. A report is not a lawsuit, but it could be an excellent first step in initiating the malpractice lawsuit. It is best to consult an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court, and then delivered to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will then look over the documents and, if it is found that there is a case of malpractice then they will file a complaint along with an affidavit before the court describing the medical error that is claimed to be the cause.

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

The attorney representing the plaintiff will use this information to prove the elements of a medical malpractice case at trial. This includes the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's infraction of this duty an causal connection between the breach and the patient's injury or death; and a sufficient amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery process, each side is entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and after the an alleged malpractice, details about expert witnesses and tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims to have incurred, and the names and contact information for any witnesses who be present at trial.

Most states have a statute-of-limitations which limits the amount of amount of time a patient can seek compensation for injuries caused by medical error. These time limits are determined by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical malpractice case an injured victim must prove that a physician's negligence caused harm to a specific person for example, physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions and answer sessions that are 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 is about gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, mostly doctors. When a doctor is questioned they must answer all questions in a straight and honest manner under oath. Usually, the physician is first interrogated by an attorney and later the attorney is cross-examined by another attorney. This is an important stage of the process and requires the complete attention and focus of the doctor.

Depositions allow lawyers to gather a full background of the doctor's background in terms of his or her education, training and experience. This information is crucial to prove that the doctor did not meet your standard of care and caused injury. Physicians who have been educated in this area are likely to declare that they have experience performing specific procedures and techniques that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer files a complaint and summons with the court of your choice. This starts the legal disclosure process known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This evidence usually includes medical malpractice Attorneys records and testimony from an expert witness.

The purpose of proving malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had followed the standards of care. The lawyers for your doctor will present defenses that go against the evidence that your attorney has presented.

Despite the myth that doctors are targets for false claims of malpractice years of evidence confirm that jury verdicts reflect reasonable estimates of negligence and damages, and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases settle prior to trial.