The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest significant time and money in many medical malpractice lawsuits. This includes attorney time and court costs expert witness fees, and other costs.

A medical malpractice case can be filed when a healthcare professional is negligent or has acted in a manner that is illegal, made an error, or failed to take action. Plaintiffs seeking compensation for their injuries can seek damages, which include economic losses such as past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to succeed. The injured patient, or their attorney should the patient die must show each of these legal elements:

The defendant violated this obligation. The defendant breached this duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care will not directly cause injury. It must be proven that it caused the injury directly and was the proximate reason for the injury.

To safeguard the rights of a patient and to ensure that a physician does not continue to commit malpractice, it is necessary to file a report with the state medical board. However, filing a claim does not initiate the process of a lawsuit, and is typically only a first step in getting the malpractice claim moving. It is best to consult an Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and handed to the defendant doctor. A plaintiff's lawyer who is appointed by the court will look over the documents. If it is determined that there is a malpractice case, the lawyer will file an affidavit and complaint with the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves making requests for evidence, such as hospital billing or clinic notes, and taking the deposition of the defendant's doctor. Attorneys will then ask the defendant under oath about the details of the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice case in court. The elements of a medical malpractice case include the existence of a duty on the part of the physician to provide care and treatments to patients, the doctor's failure to fulfill this duty as well as a causal connection between the breach and the injury or death of the patient, and enough damages to warrant a monetary award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical malpractice attorneys records prior to and after an incident of alleged 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 to have incurred, and the names and contact details of witnesses who will be testifying in the trial.

Most states have a statute-of-limitations that limit the amount of time a patient can seek compensation for injuries caused by a medical mistake. These time limits are determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the injured patient has to demonstrate that the negligence of the doctor caused specific harm, like physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that are conducted in the presence of a court reporter who will record the questions as with the answers. Depositions are part of the process of discovery in which the parties collect evidence to use in a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. When a physician is questioned and questioned, they must answer each question truthfully under oath. Typically, the doctor is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an essential stage of the case and requires the full concentration and attention of the doctor.

A deposition is an excellent opportunity for lawyers to gather an in-depth background on the doctor, including his or their education, training, and experience. This information is crucial to proving that the physician breached the standards of care in your case and that the breach caused injury to you. For example, physicians who have trained in the area of malpractice cases typically will testify that they have vast experience in performing certain procedures and methods that may be relevant to a particular medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the court of your choice. This begins a legal disclosure process called discovery. You and your doctor's staff will work together to gather evidence to support your case. The evidence usually consists of medical records and the testimony of experts.

To prove malpractice, you must establish that the actions of your doctor were below the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred had your doctor followed the standards of care. The attorneys for your doctor will present arguments that do not agree with the evidence that your attorney has presented.

Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence show that jury verdicts reflect fair judgments of negligence and damages and that juries are skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.