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 investment includes physician hours and work product, attorney time court costs, expert witness fees, and countless other expenses.

An injury resulting from a healthcare professional's negligence, mistake, or omission can give rise to medical malpractice claims. Injury victims can seek compensation for economic losses, including past or future medical bills as well as non-monetary injuries, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires credible proof for success. The person who was injured, or their attorney if the patient has died must show each of these legal elements:

That a hospital or doctor medical malpractice attorneys was required to perform its duties in accordance with the standard of care applicable. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care will not directly cause injury. It must be demonstrated that it directly caused the injury and was the main reason for the injury.

It is often required to file a complaint with a state medical board in order to protect the patient's rights and ensure that the doctor doesn't commit any further negligence. However, filing a claim does not start the process of a lawsuit, and is typically just a step towards moving the malpractice claim. It is best to consult a Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process, a summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court will examine the documents. If it appears that there could be a malpractice claim the lawyer is required to file an affidavit, along with a complaint to the court, detailing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information or clinic notes, Medical malpractice Attorneys as well as taking the defendant's deposition during which lawyers ask the defendant about his or her knowledge of the case under the oath.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of a medical malpractice claim at trial. These include the existence of an obligation on the doctor's part to provide treatment and treatment to patients; the physician's infraction of this duty a causal relationship between the breach and the patient's injury or death and a substantial amount of damages resulting from the death or injury to justly award monetary compensation.

Discovery

During the discovery process both sides are able to ask for and receive evidence that is relevant to the case. This includes medical Malpractice Attorneys records that were taken prior to and after an incident of negligence, information about experts and tax returns or other documentation relating to out-of pocket expenses that the plaintiff claims to have caused, and the names and contact details of witnesses who will testify in the trial.

The majority of states have a statute of limitations that allows injured patients only the time period of a certain amount of years after a medical error to make a claim. The time limit is usually determined by the law of the state and they are subject to a rule known as the "discovery rule."

To win a medical malpractice attorneys malpractice lawsuit, an injured patient must demonstrate that the negligence of the doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation i.e. that negligence caused their death or injury.

Deposition

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

Depositions permit attorneys to ask witnesses, often doctors, a series of questions. When a doctor is questioned they must answer all questions in a straight and honest manner under the oath. Typically, the doctor is first questioned by an attorney and then interviewed by another attorney. This is an essential stage of the case that requires the complete concentration and attention of the doctor.

A deposition can help attorneys obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to prove that the doctor did not meet the standard of care in your particular case and that the breach caused you harm. For example, physicians who have received training in the area of malpractice cases usually affirm that they have extensive experience in performing certain procedures and methods that could be relevant to a specific medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer file a complaint and summons with the appropriate court. This triggers a legal procedure of disclosure, referred to as discovery where you and the doctor's team collaborate to collect evidence to support your case. This evidence usually includes medical records as well as testimony of an expert witness.

The goal of proving malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor acted according to the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are targets for fraudulent malpractice claims, decades of empirical evidence shows that juries make reasonable judgments of negligence and damages, and that juries are skeptical of inflated award amounts. The majority of malpractice cases settle prior to trial.