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 investment includes physician hours and work product attorneys' time, court costs, expert witness fees, and many other costs.

An injury caused by an healthcare professional's negligence, incompetence, error or omission can lead to a medical malpractice claim. The injured party can seek compensation for economic losses, like future or past medical malpractice law firm expenses as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The person who was injured, or their attorney should the patient die, must demonstrate each of these legal elements:

The defendant violated this duty. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care will not necessarily cause injury. It must be shown that it directly caused the injury and medical malpractice was the primary cause for the injury.

It is often necessary to file a complaint with a state medical board to protect the patient's rights and ensure that the doctor doesn't commit additional mistakes. However, filing a complaint does not initiate an action, Medical Malpractice and is often just a first step to getting the malpractice claim moving. It is advisable to speak with an Syracuse malpractice attorney prior to making any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there is an incident of malpractice then they will submit a complaint and an affidavit before the court describing the alleged medical 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 and notes from the clinic, and then taking the defendant's deposition in which attorneys ask the defendant on his or their knowledge of the matter under the oath.

The attorney representing the plaintiff will use this information to demonstrate the elements of a medical malpractice claim during trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide care and treatments to patients, the doctor's failure to fulfill this duty and a causal connection between the breach and injury or death of the patient, and the amount of damages to warrant a monetary compensation award.

Discovery

During the discovery process, both sides are able to request and receive evidence relevant to the case. This includes medical records before and after the suspected malpractice, information on experts as well as copies of tax returns or other documents relating to out-of-pocket expenses the plaintiff claims to have incurred, and also the names and contact details of any witnesses who are scheduled to be present at trial.

The majority of states have a statute of limitations that permits injured patients an amount of time after a medical mishap to bring a lawsuit. The time limit is usually set by law of the state, and are subject to rules called the "discovery rule."

To win a medical malpractice case, an injured patient must prove that a physician's negligence caused harm to a specific person that is physical pain or loss of income. They must also prove causation -which means, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in the presence of a court reporter who takes notes of the questions as well and the answers. Depositions are part of the discovery procedure, which consists of gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a set of questions. When a physician is deposed, they must answer all questions in an honest and open manner under an oath. Usually, the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial stage in the trial and the physician must be attentive to the case.

A deposition allows attorneys to obtain a detailed background on the doctor's qualifications in relation to his or the training, education and experience. This information is essential to proving that the physician breached the standard of care in your case and that the breach directly caused you injury. Doctors who have been trained in this area often be able to prove they have knowledge of certain procedures and techniques that may be relevant to a specific medical-malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. This initiates a legal process of disclosure known as discovery where you and your physician's team work together to gather information to prove your case. The evidence usually consists of medical records and the testimony of experts.

The goal of proving malpractice is to prove that the actions of your doctor did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your physician acted according to the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your lawyer.

Despite the myth that doctors are targets for frivolous claims of malpractice, decades of empirical evidence confirm that juries make reasonable assessments of damages and negligence and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases settle prior to trial.