The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This can include attorney time as well as court fees, expert witness fees and other costs.

A medical malpractice lawsuit can be filed in the event that a healthcare professional was negligent, has committed misconduct or committed an error or failed to act. The injured party can seek compensation for financial losses, such as future or past medical expenses as well as non-monetary damages, like discomfort and pain.

Complaint

A medical malpractice attorney malpractice suit has many moving parts and requires a solid evidence to be successful. The injured patient, or their attorney in the event that the patient has passed away must demonstrate each of these legal elements:

That a doctor or hospital had a responsibility to perform its duties in accordance with the applicable standard of care. The defendant did not meet this obligation. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury; it must be proven that the breach directly caused the injury and was the primary cause of the injury.

It is usually necessary to file a claim with a state medical body in order to safeguard patients' rights and ensure that the doctor doesn't commit further malpractice. However, filing a claim is not a way to start a lawsuit and is often just a step towards getting the malpractice claim moving. It is often best to consult with a Syracuse malpractice lawyer prior Medical Malpractice attorney to filing a report or other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer for the plaintiff appointed by the court will review the documents. If it is determined that there could be a malpractice claim the lawyer will file an affidavit and a complaint with the court, detailing the claimed 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 as well as notes from clinics and taking the defendant physician's deposition in which attorneys ask the defendant about his or his knowledge of the situation under oath.

This information will be used by the plaintiff's lawyer to prove the elements of a medical malpractice claim in court. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the doctor's infraction of this obligation as well as 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 discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records from prior to and after an incident of negligence, information on 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 information of witnesses who are expected to testify at trial.

Most states have a statute-of-limitations that limits the period that a patient must sue after being injured by an error in medical care. These time limits are determined by the laws of the state and are subject to a rule known as the "discovery rules."

In order to win a medical malpractice law firms malpractice claim, an injured patient must prove that a physician's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence a court reporter, who is able to 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 the trial.

Depositions permit attorneys to ask witnesses, often doctors for a series of questions. If a doctor is deposed to testify, he or she must answer the questions truthfully under oath. Usually, the physician is first asked questions by an attorney and later cross examined by another attorney. This is a crucial phase in the trial and the doctor must focus on it with complete attention.

A deposition can help attorneys gain a thorough understanding of the doctor's background, including his or his education, training, and experience. This information is essential to prove that the doctor did not meet the standard of care in your situation and that the breach directly caused you injury. For example, physicians who have received training in the area of malpractice cases typically will testify that they have vast experience in the execution of specific procedures and techniques that may be relevant to a particular medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates the process of legal disclosure, also known as discovery. Your doctor and your staff will work together to gather evidence to prove your case. This usually includes medical records and testimony of an expert witness.

The objective of proving that you have committed a malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries could be prevented if the doctor had followed the standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your attorney.

Despite the belief that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts generally reflect reasonable assessment of damages and negligence, and juries are skeptical of damages that are exaggerated. The majority of malpractice cases settle before trial.