Medical Malpractice Attorneys: It s Not As Difficult As You Think

How to File a Medical Malpractice Lawsuit

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

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission can result in a medical malpractice claim. Injury victims can seek compensation for economic losses, including past or future medical bills and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice case is a complicated one and requires evidence of credibility to be successful. The person who was injured (or their attorney if they've died) must prove each of the following legal elements of the claim:

A hospital or doctor was bound to act in accordance with the standard of care applicable. The defendant violated this duty. The breach directly caused injury to plaintiff. This is referred to as "cause". A breach of a standard of care will not cause injury on its own. It must be proved that it caused the injury directly and was the main reason for the injury.

It is sometimes necessary to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor doesn't commit further mistakes. A report is not a lawsuit however, it is the first step to getting the malpractice claim started. It is best to consult a Syracuse malpractice lawyer prior to making any report or other document.

Summons

As part of the legal process a summons or claim form is filed with the court, and then delivered to the defendant doctor. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it is found that there is an incident of malpractice, they will file an affidavit and complaint before the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital billing information or clinic notes, as well as taking the deposition of the defendant's physician, where attorneys question the defendant about his or their knowledge of the matter under oath.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice case at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the physician's failure to fulfill this duty as well as a causal connection between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are entitled to seek and receive evidence pertinent to the case. This includes medical malpractice lawsuits records before and after the incident of alleged malpractice, information about experts, copies of tax returns or other documents relating to out-of-pocket expenses the plaintiff claims were incurred and also the names and contact details for any witnesses who will testify at trial.

The majority of states have a statute of limitations that limit the period that a patient must seek compensation for injuries caused by an error in medical care. The length of time is determined by state laws and are subject to a rule known as the "discovery rules."

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

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who takes notes of the questions as well with the answers. The deposition is a part of the discovery process in which the parties collect evidence to be used in a trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a series of questions. When a physician is deposed and questioned, they must answer the questions truthfully under an oath. Usually, the physician is questioned questions by an attorney and then cross-examined by a different attorney. This is a crucial stage of the case and requires the complete attention and focus of the physician.

A deposition is a great opportunity for lawyers to gather an extensive background on the doctor, including his or their education, training, and experience. This information is crucial to proving the doctor breached the standard of care you expect and caused you harm. For example, physicians who have been trained in the area of malpractice cases typically will testify that they have vast knowledge of specific procedures and techniques that could be relevant to a particular medical malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer file a complaint and summons with the court of your choice. This starts the process of legal disclosure, also known as discovery. You and your doctor's team will collaborate to collect evidence to support your case. This evidence typically includes medical records and testimony from experts.

The purpose of proving malpractice is to prove that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries could not have occurred had your doctor acted according to the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your attorney.

Despite the belief that doctors are targets for frivolous malpractice claims decades of research on the subject shows that jury verdicts usually reflect fair judgments about the extent of negligence and damages, and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle prior to trial.