The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both physicians and attorneys. This includes doctor hours and work product attorneys' time, court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed when a healthcare professional is negligent, has committed misconduct or erred, or acted in a way that was not. Victims of injury may seek compensation damages, which include economic loss such as future and past medical malpractice attorney bills, as well as noneconomic losses such as pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to succeed. The injured patient or their attorney, in the event that the patient has passed away must demonstrate each of these legal elements:

A hospital or medical Malpractice Attorney doctor had a duty to perform its duties in accordance with the standard of care applicable. That the defendant breached that obligation. The breach directly caused injury to the plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury, but it has to be shown that the breach directly caused the injury and was the direct cause of the injury.

To protect the rights of patients, and to ensure that a doctor does not commit further malpractice, it is necessary to file a report with the state medical board. But, filing a report is not a way to start an action, and is often just a step towards making the malpractice claim move. It is generally recommended to consult with an Syracuse malpractice lawyer prior to filing a report or any other document.

Summons

A summons or claim is filed in a courtroom and sent to the doctor who is defendant as part of the legal procedure. A court-appointed lawyer for the plaintiff will review the documents and, if it is found that there could be an instance of malpractice the lawyer will file a complaint along with an affidavit with the court, describing the alleged medical Malpractice Attorney error.

The next step is obtaining evidence by pretrial disclosure. This involves submitting requests for documentation, such as hospital billing and clinic notes, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath as to his or her knowledge regarding the case.

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

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records before and after the alleged malpractice, information about expert witnesses and tax returns, copies or other documentation related to the out-of-pocket expenses that the plaintiff claims they incurred, along with the names and contact details of any witnesses who are scheduled to be present at trial.

Most states have a statute-of limitations that limit the time a patient has to pursue a lawsuit after being injured due to medical error. These limitations are set by the laws of the state and are subject to a rule called the "discovery rules."

In order to win a medical negligence lawsuit, an injured patient has to demonstrate that the negligence of the doctor resulted in 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 essentially question-and-answer meetings which take place in the presence a court reporter, who is able to record the questions as and the answers. Depositions are a part of the discovery process in which parties gather information for use in the trial.

Attorneys can pose a number of questions to witnesses, typically doctors. If a doctor is deposed and questioned, they must answer the questions truthfully under an oath. Usually, the physician is questioned questions by one attorney, and then cross-examined by a different attorney. This is a crucial stage of the trial and requires the full attention and focus of the physician.

Depositions are a great way for attorneys to obtain an extensive background on the doctor, including his or the doctor's education, training and experience. This information is critical to proving that the physician breached the standards of care in your situation and that the breach directly caused you injury. Doctors who have been trained in this area often declare that they have experience performing specific procedures and techniques that may be relevant to a particular medical-malpractice case.

Trial

A civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. The process begins with a legal requirement of disclosure, also known as discovery, where you and your doctor's team work together to gather evidence to prove your case. This usually includes medical records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet 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 acted in accordance with the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence provided by your attorney.

Despite the belief that doctors are the target of unsubstantiated claims of malpractice, decades of empirical evidence shows that jury verdicts are based on reasonable estimates of negligence and damages, and that juries tend to be skeptical of award amounts that are exaggerated. The vast majority of malpractice cases are settled prior to trial.