The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in a variety of medical malpractice lawsuits. This investment covers physician time and work product as well as attorney time, court costs, expert witness fees, and many other costs.

A medical malpractice claim can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal, made an error, or failed to take action. Injury victims can seek compensation for economic losses, including past or future medical expenses, as well as noneconomic injuries, such as pain and discomfort.

Complaint

A medical malpractice claim is a complex matter and requires credible proof to be able to prevail. The person who was injured (or their attorney if they have died) must be able to prove each of the following legal aspects of the case:

A hospital or doctor was bound to follow the standards of care in force. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a standard of care will not in itself cause injury. It must be proven that it caused the injury directly and was the primary cause for the injury.

It is often necessary to file a complaint with a state medical body in order to protect the rights of the patient and to ensure that the doctor does not commit any further mistakes. A report is not a lawsuit however, it is a good first step in beginning the process of bringing a malpractice claim. It is usually recommended to speak with an Syracuse malpractice lawyer before making a report or other document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court for plaintiff will then review these documents and, if it appears that there may be an issue with malpractice then they will file a complaint and affidavit to the court detailing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing information and clinic notes and taking the deposition of the defendant's physician where lawyers question the defendant on his or her knowledge of the case under oath.

The attorney representing the plaintiff will use this information to establish the elements of a medical malpractice claim in court. These include the existence of an obligation on the doctor's part to provide treatment and treatment to patients; the physician's violation of this duty; causality between the breach and the patient's injuries or death and a significant amount of damages that result from the accident or death to justly award monetary compensation.

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 before and after the suspected malpractice, information on experts, copies of tax returns or other documentation that pertains to out-of-pocket expenses the plaintiff claims to have incurred, along with the names and contact information for witnesses who are expected to testify at trial.

Most states have a statute-of limitations that limit the amount of time a patient can claim compensation after suffering injuries due to medical error. These limitations are set by state laws and are subject to a rule known as the "discovery rules."

To prevail in a medical malpractice lawsuit, the injured patient must prove that the doctor's negligence resulted in a specific injury, like physical pain or loss of income. They must also prove causation -which means, Medical Malpractice Attorneys that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in the presence a court reporter, who will record the questions as in the responses. The deposition is an element of the process of discovery, which involves gathering information that can be used in a trial.

Depositions allow attorneys to ask witnesses, medical Malpractice Attorneys typically doctors to answer a set of questions. If a doctor is deposed by a lawyer, the doctor must answer all questions honestly under oath. Typically, the doctor is first interrogated by an attorney, and then interrogated by a different attorney. This is an essential stage of the case that requires the full attention and focus of the doctor.

A deposition can help attorneys gain a thorough understanding of the doctor's qualifications in relation to his or her education, training and experience. This information is crucial in proving the doctor breached your standard of care and resulted in injury to you. Physicians who have been educated in this field will typically testify they have extensive experience in performing certain techniques and procedures that could be relevant to an individual medical malpractice case.

Trial

A civil court is officially launched when your lawyer lodges a complaint and a summons with the court of your choice. This triggers a legal procedure of disclosure called discovery, which is where you and your doctor's team work together to gather information to prove your case. The evidence typically includes medical malpractice attorneys records and testimony of an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. The attorneys for your doctor will present defenses that contradict the evidence presented by your attorney.

Despite the common belief that doctors are targets for frivolous claims of malpractice years of evidence demonstrate that jury verdicts reflect reasonable estimates of negligence and damages, and that juries are skeptical of large amounts of money awarded. The vast majority malpractice cases are settled prior to trial.