The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and lawyers. This can include attorney time court fees expert witness fees, and other costs.

A traumatic injury caused by medical professional's negligence, misconduct, error or omission could result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, including future or past medical expenses, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice case has many moving parts and requires credible evidence to prevail. The person who was injured or their attorney, when the patient has passed away, must be able to prove each of these elements:

The defendant violated this duty. The defendant violated this duty. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care will not in itself cause injury. It must be demonstrated that it directly caused the injury and was the primary cause for the injury.

To protect the rights of a patient and to ensure that a doctor is not committing further malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit however, it is an effective first step towards initiating the malpractice lawsuit. It is recommended to talk with a Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal process the summons or claim form is filed with the court and handed to the defendant doctor. A lawyer appointed by the court for plaintiff will then look over the documents and, if they believe that there could be an incident of malpractice the lawyer will file an affidavit and complaint with the court describing the alleged medical error.

The next step is to gather evidence through pretrial disclosure. This involves submitting requests to document such as hospital billing information and clinic notes and taking the defendant's deposition in which attorneys ask the defendant about his or his knowledge of the situation under an oath.

This information will be used by the plaintiff's lawyer to prove the elements of a claim for medical malpractice in court. 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 physician's failure to fulfill this duty and a causal connection between the breach and the injury or death of the patient, and an amount of damages sufficient to warrant a monetary award.

Discovery

During the process of discovery both sides are able to request and receive evidence relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, information regarding experts as well as copies of tax returns or other documentation relating to out-of pocket expenses that the plaintiff claims have been paid, as well as the names and contact information of witnesses who will be testifying during the trial.

Most states have a statute-of limitations that restricts the period that a patient must sue after being injured by an error in medical care. Those time limits are usually set by law in the state, and they are subject to rules called the "discovery rule."

To win a medical negligence case the injured person must prove that the doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who is able to record the questions as and the answers. The deposition is an element of the discovery process, in which the parties gather information to be used in a trial.

Attorneys are able to ask a series of questions to witnesses, mostly doctors. When a doctor is questioned, they must answer all questions in a straight and honest manner under oath. Usually, the physician is first questioned by an attorney and later interrogated by a different attorney. This is a crucial phase in the case, and the physician must give it their full attention.

A deposition is an excellent method for lawyers to obtain an extensive background on the doctor, including their 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 directly resulted in injury. Doctors who have been trained in the area will often be able to prove they have experience performing specific procedures and techniques that may 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 court of your choice. This initiates a legal process of disclosure, referred to as discovery where you and your physician's team collaborate to collect evidence to prove your case. This typically consists of medical records as well as testimony from experts.

The goal of proving negligence is to establish that the actions of your doctor 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 if your doctor followed the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your attorney.

Despite the legend that doctors are targets for frivolous malpractice claims, decades of empirical research shows that jury verdicts usually reflect reasonable assessments of negligence and damages and that juries are skeptical about overinflated damages awards. The majority of malpractice cases settle before trial.