The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This investment includes attorney time, court fees expert witness fees, and other expenses.

A medical malpractice claim may be filed in the event that a healthcare professional has been negligent, has committed misconduct, made an error, or failed to act. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical bills, as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be successful. The patient who has been injured or their attorney if the patient has died, must be able to prove each of these elements:

The defendant breached that duty. The defendant failed to meet this duty. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself does not cause injury; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

It is usually necessary to file a formal complaint with a medical board in the state to protect the patient's rights and ensure that the doctor does not commit additional mistakes. However, filing a complaint does not start an action and is usually only a first step in getting the malpractice claim moving. It is recommended to speak with an Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer appointed by the court will look over the documents. If it appears that there is a malpractice case and the lawyer files an affidavit and complaint with the court, describing the possible mistake.

The next step is to gather evidence through pretrial disclosure. This includes submitting requests for documentation, such as hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys then will question the defendant on oath about his or her knowledge of the case.

The plaintiff's attorney will use this information to demonstrate the elements of a medical malpractice case during trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; a causal relationship between the breach and the patient's death or injury and a substantial amount of damages that result from the death or injury to be able to justify a monetary compensation.

Discovery

During the process of discovery, each side is entitled to request and receive evidence that is relevant to the case. This includes medical records prior to and after the an alleged malpractice, details about experts, copies of tax returns or other documentation related to the out-of-pocket expenses that the plaintiff claims to have incurred, as well as the names and contact information for any witnesses who will testify at trial.

The majority of states have a statute of limitations that allows injured patients only some time after a medical error to file a lawsuit. The time limit is set by state laws and are subject to a rule called the "discovery rules."

To win a Medical Malpractice Attorneys negligence case, an injured patient must prove that a doctor's negligence caused a specific injury, such as physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in presence a court reporter, who takes notes of the questions as well as the answers. Depositions are a part of the discovery process in which the parties gather information for medical Malpractice Attorneys use in a trial.

Depositions permit attorneys to question witnesses, often doctors to answer a set of questions. When a physician is questioned, he or she must answer the questions truthfully under oath. Usually, the physician is questioned questions by one attorney, and is then cross-examined in the presence of another attorney. This is an important stage of the process and requires the full attention and focus of the physician.

A deposition is a fantastic opportunity for lawyers to gather an in-depth background on the doctor, including his or the doctor's education, training and experience. This information is crucial in prove that the doctor did not meet the standard of care you expect and caused injury. For instance, doctors who have trained in the area of malpractice cases generally affirm that they have extensive experience in the execution of certain procedures and methods that may be relevant to a specific medical malpractice claim.

Trial

A civil court is formally launched when your lawyer file a complaint and summons with the court of your choice. The process begins with a legal requirement of disclosure, also known as discovery, where you and your physician's team collaborate to collect information to prove your case. This usually comprises medical records and expert witness testimony.

The objective of proving that you have committed a malpractice is to prove that your doctor's actions fell short of the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor acted in accordance with the standard of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for unsubstantiated claims of malpractice the decades of evidence shows that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases settle prior to trial.