The 10 Most 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 lawyers. This investment includes physician hours and work product as well as attorney time court costs and expert witness fees and many other costs.

A medical malpractice claim may be filed if a healthcare professional is negligent, has committed misconduct, made an error, or failed to take action. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical expenses and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is a complex one and requires a solid proof of the claim to be able to prevail. The injured person, or their attorney when the patient has passed away, must prove each of these legal elements:

That a doctor or hospital had a responsibility to act according to the standard of care applicable. The defendant failed to meet this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot cause injury on its own. It must be shown that it directly caused the injury and was the proximate reason for the injury.

It is sometimes necessary to file a formal complaint with a state medical body in order to safeguard the rights of the patient and to ensure that the doctor does not commit further mistakes. However, filing a complaint does not start an action and is usually just a first step to getting the malpractice claim moving. It is generally recommended to consult with an Syracuse malpractice lawyer prior to making a report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and then handed to the defendant physician. A plaintiff's lawyer appointed by the court will examine the documents. If it appears there could be a malpractice claim and the lawyer files an affidavit and a complaint with the court, describing the possible error.

The next step is to obtain evidence by pretrial disclosure. This involves submitting documents such as hospital billing information and clinic notes and taking the deposition of the defendant's physician in which attorneys ask the defendant about his or her knowledge of the case under oath.

This information will be utilized by the lawyer representing the plaintiff to prove elements of a medical malpractice claim in the course of trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical malpractice lawyer and treatment to patients, the physician's infraction of this obligation and a causal link 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 in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records prior to and after an incident of negligence, information about experts as well as copies of tax returns or other documents related to expenses out of pocket the plaintiff claims have been paid, as well as the names and contact information of any witnesses who will be appearing during the trial.

Most states have a statute of limitations that allows injured patients only some time after a medical mishap to file a lawsuit. These limitations are set by the laws of the state and are subject to a rule known as the "discovery rules."

In order to win a medical malpractice lawsuit an injured victim must show that a doctor's negligence caused harm to a specific person, such as physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are sessions of question and answer that take place in presence of a court reporter who is able to record the questions as as the answers. The deposition is an element of the process of discovery, which is the process of gathering evidence that can be used in the course of a trial.

Attorneys can ask a series questions to witnesses, which are usually doctors. When a physician is questioned to testify, he or she must answer the questions truthfully under the oath. Usually the physician is asked questions by an attorney and later cross-examined by a second attorney. This is an important stage of the trial and requires the complete attention and focus of the physician.

A deposition is an excellent method for lawyers to obtain a detailed background of the doctor, including his or her training, education and experience. This information is crucial for proving the doctor breached your standards of care and that this breach caused you harm. For example, physicians who have been trained in the area of malpractice cases generally affirm that they have extensive knowledge of specific procedures and techniques that could be relevant to a specific medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and will issue a summons. This begins a legal process of disclosure, also known as discovery, where you and your physician's team collaborate to collect information to prove your case. This typically includes medical records and expert witness testimony.

To prove that you committed a crime it is necessary to prove that your doctor's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred had your doctor followed the standard of care. Your doctor's lawyers will present defenses that go against the evidence provided by your attorney.

Despite the myth that doctors are targets for unsubstantiated claims of malpractice the decades of evidence demonstrate that jury verdicts are based on reasonable assessments of damages and negligence and that juries are skeptical of inflated award amounts. The majority of malpractice cases are settled prior to trial.