The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in the many lawsuits involving medical malpractice attorneys malpractice. This includes doctor hours and work product attorneys' time court costs as well as expert witness fees and many other costs.

An injury caused by the negligence of a healthcare professional's incompetence, error or omission can lead to a medical malpractice claim. Victims of injury can seek compensation for economic losses, like past or future medical bills and also non-economic damages, like pain and discomfort.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to win. The injured person or their lawyer in the event that the patient has passed away, must show each of these legal elements:

The defendant did not fulfill that duty. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself doesn't cause injury; however, it must be proven that the breach directly caused the injury and was the primary cause of the injury.

It is typically necessary to file a complaint with a state medical body to protect the patient's rights and ensure that the doctor does not commit additional mistakes. A report is not a lawsuit but it can be the first step to beginning the process of bringing a malpractice claim. It is advisable to speak with an Syracuse malpractice attorney prior to filing any report or document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court will review these documents. If it appears there is a malpractice issue the lawyer will file an affidavit as well as a complaint with the court, detailing the alleged mistake.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation including hospital billing and notes from clinics, and taking the deposition of the doctor who is defending the case. Attorneys then will question the defendant under oath regarding their knowledge of the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice case at trial. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; causality between the breach and the patient's injuries or death and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence pertinent to their case. This includes medical records before and after the incident of an alleged malpractice, details about experts and tax returns or other documents relating to the out-of-pocket expenses that the plaintiff claims they incurred, and also the names and contact information for witnesses who are expected to testify at trial.

The majority of states have a statute of limitations that limits the period that a patient must claim compensation after suffering injuries due to a medical Malpractice attorneys mistake. These time limits are typically determined by state law, and they are subject to rules called the "discovery rule."

To prevail in a medical malpractice claim the patient who was injured must show that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in front of a court reporter who documents both the questions as well as the responses. Depositions are part of the discovery process which is the process of gathering evidence that can be used in a trial.

Attorneys can ask a series questions to witnesses, usually doctors. When a physician is questioned by a lawyer, the doctor must answer each question truthfully under the oath. Usually, the physician is first interrogated by an attorney, and then interrogated by a different attorney. This is an essential stage of the case that requires the full attention and focus of the doctor.

A deposition is a way for attorneys to gather a full background of the doctor's background, including his or the training, education and experience. This information is crucial for proving the doctor breached your standard of care and caused injury. Doctors who have been trained in the area will often be able to prove they have experience with certain techniques and procedures that could be relevant to a particular medical-malpractice case.

Trial

A civil court is officially launched when your lawyer files a complaint and summons with the appropriate court. This starts a legal disclosure process called discovery. Your doctor and your team will collaborate in order to gather evidence that can prove your case. The evidence usually consists of medical records and testimony from expert witnesses.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standards of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous claims of malpractice Evidence from decades shows that jury verdicts reflect fair judgments of negligence and damages, and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases are settled prior to trial.