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 doctors and lawyers. This includes doctor hours and work product and attorney time, court costs, expert witness fees, and countless other expenses.

A medical malpractice case can be filed if a healthcare professional is negligent, has committed misconduct, made an error, or failed to act. The injured party may be able to seek compensation damages, which include economic loss such as future and past medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to prevail. The patient who has been injured (or their attorney if they've lost their claim) must demonstrate each of the following legal aspects of the case:

The defendant violated this obligation. That the defendant breached that obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care doesn't necessarily cause injury. It must be shown that it caused the injury directly and was the primary reason for the injury.

It is typically necessary to file a claim to a state medical board in order to safeguard the rights of the patient and to ensure that the doctor does not engage in further mistakes. A report is not a lawsuit but it could be an effective first step towards getting the malpractice claim started. It is often best to consult an Syracuse lawyer for malpractice before filing a report, or any other document.

Summons

As part of the legal process a summons or claim forms is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer who is appointed by the court will review the documents. If it appears that there is a malpractice issue the lawyer is required to file an affidavit and complaint with the court, detailing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves filing requests for documents such as hospital bills or clinic notes, and taking the deposition of the defendant's doctor. Attorneys will then question the defendant under oath regarding his or her knowledge of the case.

The lawyer for the plaintiff will utilize this information to prove the elements of a medical malpractice case during trial. These include the existence of a duty on the doctor's part to provide treatment and treatment to patients; the doctor's infraction of this duty a causal link between the breach and the patient's injury or death and a substantial amount of damages resulting from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery each side is entitled to ask for and receive evidence that is relevant to the case. This includes medical records from before and after an incident of negligence, information about experts, copies of tax return or other documents related to out-of-pocket expenses that the plaintiff claims have been caused, and the names and contact details of any witnesses who are expected to testify at trial.

Most states have a statute of limitations which allows injured patients a certain number of years after an injury or medical mistake to pursue a lawsuit. The length of time is typically set by law of the state, and they are subject to rules referred to as the "discovery rule."

In order to win a medical negligence case, an injured patient must prove that a physician's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence a court reporter, who records the questions as well as the answers. The deposition is part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to question witnesses, often doctors, a series of questions. If a doctor is deposed by a lawyer, the doctor must answer all questions truthfully under oath. Usually, the physician is questioned questions by one attorney, and then cross-examined by a different attorney. This is a crucial phase of the trial and requires the complete concentration and attention of the doctor.

A deposition is a great way for attorneys to obtain an in-depth background on the doctor, including his or her training, education and experience. This information is crucial in convincing the court that the doctor did not adhere to your standard of care and that this breach caused you harm. Physicians who have been educated in this area are likely to testify they have extensive experience performing certain techniques and procedures that could be relevant to an individual medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This is the beginning of the process of legal disclosure known as discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. This usually includes medical records as well as testimony from experts.

The goal of proving negligence is to establish that the actions of your doctor were not in line with 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 standard of care. The lawyers for your doctor will present defenses that go against the evidence presented by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims decades of research on the subject shows that jury verdicts usually reflect fair assessments of negligence and damages, and juries are skeptical of overinflated damages awards. The vast majority malpractice cases are settled prior to trial.