The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This can include attorney time as well as court fees expert witness fees, court costs and other costs.

A medical malpractice claim may be filed when a healthcare professional is negligent or has committed misconduct, made an error, or failed to act. Victims of injury can seek compensation for economic losses, including past or future medical expenses, as well as noneconomic damages, such as pain and discomfort.

Complaint

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

The defendant breached that duty. The defendant erred in his obligation. 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 proven that it directly caused the injury and was the primary cause for the injury.

To ensure a patient's rights, and to ensure that a physician does not continue to commit wrongdoing, it's necessary to file a report with the state medical board. A report is not a lawsuit, but it can be an excellent first step in initiating the malpractice lawsuit. It is advisable to speak with a Syracuse malpractice lawyer 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 process. A court-appointed lawyer for the plaintiff will then go over these documents and, if it is found that there may be an incident of malpractice, they will file an affidavit and complaint before the court describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves the submission of requests for documentation like hospital billing or clinic notes, and taking depositions of the defendant's doctor. Attorneys then will question the defendant under oath about his or her knowledge of the case.

The lawyer for the plaintiff will utilize this evidence to prove the elements of a claim for medical malpractice at trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, medical the doctor's infraction of this obligation, a causal link between the breach and injury or death of the patient and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the discovery process each side is entitled to seek and receive evidence pertinent to the case. This includes medical records from prior to and after an incident of alleged negligence, details about experts and tax returns, copies of the tax return or other documentation relating to expenses out of pocket the plaintiff claims have been incurred, and the names and contact details of any witnesses who will testify at trial.

Most states have a statute-of limitations that restricts the amount of time a patient can claim compensation after suffering injuries due to medical error. These limitations are set by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice law firm malpractice case, an injured patient must show that a doctor's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causation i.e. that the negligent treatment caused their death or injury.

Deposition

Depositions are sessions of question and answer that take place in the presence of a court reporter who will record the questions as in the responses. Depositions are part of the discovery process which consists of gathering information that can be used in the course of a trial.

Depositions permit attorneys to ask witnesses, usually doctors for a series of questions. When a physician is deposed they must answer all questions in a straight and honest manner under an oath. Usually, the physician is first interrogated by an attorney, and then interviewed by another attorney. This is an important stage in the trial and the physician must give it their full attention.

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 critical to proving that the physician breached the standards of care in your particular case and that the breach directly caused you harm. Physicians who have been educated in the area will often affirm that they have years of experience performing certain procedures and techniques that may be relevant to a particular medical-malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This starts the legal disclosure process known as discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. The evidence typically includes medical records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions did not meet the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries wouldn't have occurred if your physician acted according to the standards of care. Your doctor's lawyers will present defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for false claims of malpractice years of evidence demonstrate that jury verdicts reflect reasonable estimates of negligence and damages and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases are settled prior to trial.