The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and lawyers. This investment covers physician time and work product attorneys' time, court costs and expert witness fees and many other costs.

An injury caused by the negligence of a healthcare professional's mistakes, or error could result in a medical malpractice claim. The injured party may be able to seek compensation damages, including actual economic loss, such as the past and future medical bills as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The patient who has been injured (or their attorney if they've passed away) must show each of these legal aspects of the case:

That a doctor or hospital was required to act according to the applicable standard of care. The defendant erred in his duty. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a duty of care does not directly cause injury. It must be proven that it directly caused the injury and was the primary cause for the injury.

It is typically 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 further negligence. A report is not a lawsuit but it can be a good first step in getting the malpractice claim started. It is advisable to speak with a Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process a summons or claim forms is filed with the court and handed to the defendant physician. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there could be an incident of malpractice the lawyer will submit a complaint and an affidavit with the court describing the alleged medical error.

The next step is obtaining evidence through pretrial disclosure. This includes submitting requests for documentation like hospital billing and notes from clinics, and taking depositions of the doctor who is defending the case. Attorneys will then ask the defendant on oath about their knowledge of the case.

The attorney for the plaintiff will use this information to demonstrate the elements of a medical Malpractice attorneys negligence claim at trial. These include the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty a causal link between the breach and the patient's death or injury and a substantial amount of damages resulting from the injury or death to be able to justify a monetary compensation.

Discovery

During the process of discovery, both sides are able to seek and receive evidence pertinent 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 were incurred along with the names and contact information for any witnesses who will testify at trial.

There are many states with a statute of limitations that limit the length of time that a patient is allowed to seek compensation for injuries caused by a medical malpractice attorneys mistake. The time limit is usually set by law in the state, and are subject to rules called the "discovery rule."

In order to win a medical malpractice lawyer negligence lawsuit, the injured patient must show that the doctor's negligence resulted in 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 questions and answer sessions that are conducted in the presence of the court reporter who takes notes of both the questions and the answers. The deposition is a part of the process of discovery, which consists of gathering information that can be used in a 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 truthfully under an oath. Usually, the physician is first interrogated by an attorney and then the attorney is cross-examined by another attorney. This is a crucial phase in the case and the physician must focus on it with complete attention.

Depositions are a great opportunity for lawyers to gather an extensive background on the doctor, including his or his education, training and experience. This information is crucial for proving the doctor medical Malpractice attorneys breached your standards of care and caused you injury. For instance, doctors who have been trained in the field of malpractice cases typically will testify that they have vast experience in performing certain procedures and methods that may be relevant to a specific medical malpractice case.

Trial

A civil court is officially launched when your lawyer files a complaint and summons with the court of your choice. This initiates the process of legal disclosure known as discovery. You and your doctor's staff will work together to collect evidence to support your case. The evidence typically comprises medical records and expert witness testimony.

The purpose of proving malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor followed the standards of care. Your doctor's lawyers will present defenses that go against 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 are skeptical of excessive award amounts. The majority of malpractice cases settle before trial.