The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in numerous medical malpractice lawsuits. This includes doctor hours and work product, attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent or has committed misconduct or erred, or failed to take action. The injured party can seek compensation for economic losses, including future or past medical bills and also non-economic injuries, such as discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires evidence of credibility to be able to prevail. The person who was injured (or their attorney if they've lost their claim) must be able to prove each of the following legal aspects of the case:

The hospital or doctor was bound to act according to the applicable standard of care. The defendant did not fulfill that duty. The breach directly caused injury to plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care doesn't cause injury; it must be shown that the breach directly caused the injury and was the main reason for the injury.

To safeguard a patient's rights, and to ensure that a physician does not continue to commit wrongdoing, it's necessary to file a claim with the state Medical malpractice attorneys board. A report is not a lawsuit, however, it is an excellent first step in initiating the malpractice lawsuit. It is recommended to speak with an Syracuse malpractice lawyer before filing a report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal process. A lawyer for the plaintiff appointed by the court will review the documents. If it appears there is a malpractice case and the lawyer files an affidavit, along with a complaint to the court, describing the claimed error.

The next step is to obtain evidence through pretrial disclosure. This includes making requests for evidence, such as hospital billing or clinic notes, and taking depositions of the defendant's doctor. Attorneys will then question the defendant under oath about his or her knowledge regarding the case.

The plaintiff's attorney will use this information to establish the elements of a medical malpractice case in court. This includes the existence of an obligation on the doctor's part to provide medical 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 sufficient amount of damages that result from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records that were taken prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documentation related to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of witnesses who will be appearing in the trial.

Most states have a statute-of-limitations that limit the length of time that a patient is allowed to seek compensation for injuries caused by medical error. Those time limits are usually determined by state law, and are subject to rules referred to as the "discovery rule."

In order to win a medical negligence lawsuit, a patient who has been injured must prove that the negligence of a doctor resulted in a specific injury, like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury 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 and the answers. The deposition is a part of the discovery process through which the parties collect evidence to use in a trial.

Depositions allow attorneys to question witnesses, often doctors for a series of questions. If a doctor is interrogated they must answer all questions honestly under oath. Usually the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial stage in the case, and the physician must be attentive to the case.

A deposition allows attorneys to gain a thorough understanding of the doctor in terms of his or their education, training and experience. This information is crucial to proving the doctor breached your standards of care and caused you injury. Doctors who have been trained in this area often affirm that they have years of experience with specific procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

Your lawyer will file a complaint with the court and a summons. This is the beginning of the legal disclosure process known as discovery. You and your doctor's staff will work together to collect evidence to support your case. The evidence usually consists of medical records and the testimony of experts.

The purpose of proving malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries would have been avoided if your doctor had acted in accordance with the standard of care. Your doctor's lawyer will present defenses which contradict the evidence presented to you by your lawyer.

Despite the myth that doctors are the target of false claims of malpractice the decades of evidence confirm that juries make reasonable judgments of negligence and damages and that juries tend to be skeptical of award amounts that are exaggerated. The majority of malpractice cases settle before trial.