The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a medical malpractice attorneys Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment covers physician time and work product, attorney time, court costs and expert witness fees and many other costs.

An injury resulting from the negligence of a healthcare professional's incompetence, error or omission can result in medical malpractice claims. Victims of injury may seek compensation damages, including the actual economic loss such as future and past medical malpractice lawsuit bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice case is complex and requires evidence of credibility to be successful. The injured patient or their attorney if the patient has died must show each of these legal elements:

The hospital or doctor had a responsibility to act in accordance with the standard of care applicable. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This aspect of a malpractice claim is known as "causation." A breach of the standard of care does not cause injury; it must be proven that the breach directly caused the injury and was the primary cause of the injury.

It is sometimes necessary to file a formal complaint to a state medical board in order to protect the patient's rights and ensure that the doctor doesn't commit any further malpractice. A report is not a lawsuit, however, it is an excellent first step in initiating the malpractice lawsuit. It is advisable to speak with an Syracuse malpractice attorney prior to 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 procedure. A plaintiff's lawyer who is appointed by the court will review the documents. If it appears that there is a malpractice issue the lawyer will file an affidavit and complaint with the court, describing the possible error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents such as hospital bills or clinic notes, and taking depositions of the defendant's physician. Attorneys then will question the defendant under oath as to his or her knowledge of the case.

This information will be used by the lawyer for the plaintiff to establish the elements of a claim for medical malpractice in court. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the physician's breach of this duty causality between the breach and the patient's injuries or death; and a sufficient amount of damages that result from the death or injury to warrant a monetary award for compensation.

Discovery

During the discovery process both sides are allowed to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of alleged negligence, information regarding experts, copies of tax return or other documents relating to expenses out of pocket that the plaintiff claims have been attributable to them, and the names and contact details of witnesses who are expected to testify during the trial.

Most states have a statute-of-limitations that restricts the time a patient has to pursue a lawsuit after being injured due to an error in medical care. The length of time is typically set by law in the state, and are subject to rules known as the "discovery rule."

To win a medical malpractice lawsuit, a patient who has been injured 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 resulted in their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of an official court reporter who records both the questions and responses. The deposition is an element of the discovery process, in which the parties collect evidence to be used in the trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. If a doctor is interrogated, they must answer all questions honestly under the oath. Typically, the doctor is first interrogated by an attorney and later interrogated by a different attorney. This is a crucial phase of the trial and requires the complete concentration and attention of the physician.

A deposition allows attorneys to get a complete background on the doctor's background in terms of his or the training, education and experience. This information is essential for establish that the doctor violated the standards of care in your situation and that the breach directly caused injury to you. For instance, doctors who have been trained in the area of malpractice cases usually be able to prove that they have a lot of experience performing certain procedures and methods that may be relevant to a particular 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 called discovery, which is where you and your doctor's team work together to gather evidence to support your case. This usually includes medical records and testimony from expert witnesses.

The objective of proving that you have committed a malpractice is to prove that the actions of your doctor did not meet the standards of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for false claims of malpractice, decades of empirical evidence demonstrate that juries make reasonable estimates of negligence and damages and that juries are skeptical of excessive award amounts. The vast majority of malpractice cases are settled prior to trial.