The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in numerous medical malpractice lawsuits. This can include physician hours and work product as well as attorney time, court costs as well as expert witness fees and countless other expenses.

A medical malpractice attorneys malpractice claim may be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed a mistake or failed to act. Plaintiffs seeking compensation for injuries can file for economic losses, like future or past medical bills as well as non-monetary damages, like discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires credible evidence to succeed. The injured party (or their attorney if they've died) must be able to prove each of the following legal aspects of the claim:

The defendant breached the obligation. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care doesn't in itself cause injury. It must be demonstrated that it directly caused the injury and was the primary reason for the injury.

To safeguard a patient's rights, and to ensure that a physician does not continue to commit malpractice, it is necessary to file a report with the state medical board. But, filing a report is not the start of an action and is usually just a step towards getting the malpractice claim moving. It is recommended to consult with a Syracuse malpractice lawyer prior to making a report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for plaintiff will then look over the documents and, if they believe that there could be an instance of malpractice the lawyer will submit a complaint and an affidavit before the court describing the alleged medical error.

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 then will question the defendant on oath about his or her knowledge of the case.

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

Discovery

During the process of discovery both sides are entitled to request and receive evidence that is relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documents related to expenses out of pocket that the plaintiff claims to have paid, as well as the names and contact details of any witnesses who will be appearing in the trial.

There are many states with a statute of limitations that limits the time a patient has to sue after being injured by an error in medical care. These limitations are set by state laws and are subject to a rule called the "discovery rules."

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

Deposition

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

Depositions allow attorneys to question witnesses, often doctors, a series of questions. When a physician is deposed, he or she must answer the questions truthfully under oath. Usually, the physician is asked questions by one attorney, and then cross-examined by another attorney. This is a crucial stage of the trial and requires the full attention and focus of the physician.

Depositions allow lawyers to gain a thorough understanding of the doctor's background, including his or his education, training, and experience. This information is critical to prove that the doctor did not meet the standard of care in your situation and that the breach directly resulted in injury. Physicians who have received training in this area often testify they have extensive experience with certain techniques and procedures that may be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the appropriate court. This initiates a legal process of disclosure, referred to as discovery where you and the doctor's team work together to gather information to prove your case. This typically consists of medical records and testimony from experts.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor Medical malpractice attorneys had acted in accordance with the standard of care. Your doctor's lawyer will present defenses that go against the evidence presented to you by your attorney.

Despite the belief that doctors are targets for false claims of malpractice years of evidence show that juries make reasonable estimates of negligence and damages and that juries tend to be skeptical of excessive award amounts. The vast majority of malpractice cases settle prior to trial.