The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits demand a significant amount of time and resources from both doctors and attorneys. This includes attorney time as well as court fees, expert witness fees and other costs.

An injury resulting from a healthcare professional's negligence, misconduct, error or omission can give rise to medical malpractice claims. The injured party may be able to seek compensation damages, which could include actual economic loss, such as the past and future medical bills, as well as noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuits malpractice case is complex and requires a solid proof of the claim to be successful. The patient who has been injured (or their attorney if they have died) must be able to prove each of the following legal elements of the claim:

That a hospital or doctor had a duty to perform its duties in accordance with the standard of care applicable. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This is referred to as "cause". A breach of a standard of care doesn't in itself cause injury. It must be shown that it caused the injury directly and was the primary cause for the injury.

In order to protect the rights of a patient, and to ensure that a doctor does not continue to commit mistakes, it is essential to file a report with the state medical board. A report is not a lawsuit, however, it is an effective first step towards starting the malpractice claim. It is recommended to speak with an Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer who is appointed by the court will examine the documents. If it appears that there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, detailing the possible error.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for evidence like hospital billing records and notes from the clinic, and then taking the defendant physician's deposition during which lawyers ask the defendant on his or his knowledge of the case under oath.

The plaintiff's attorney will use this evidence to prove the elements of a claim for medical malpractice during trial. This includes the existence of an obligation on the doctor's part to provide treatment and treatment to patients; the doctor's breach of this duty; a causal relationship between the breach and the patient's injuries or death and a substantial amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the process of discovery both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records that were taken prior to and after an incident of negligence, information regarding experts and tax returns or other documents relating to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of any witnesses who will testify in the trial.

The majority of states have a statute of limitations that restricts the amount of time a patient can seek compensation for injuries caused by a medical mistake. The time limit is usually determined by state law, and they are subject to rules called the "discovery rule."

In order to win a medical malpractice lawsuit the injured person must prove that a physician's negligence caused a specific harm that is physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injury or death.

Deposition

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

Depositions allow attorneys to question witnesses, often doctors, a series of questions. When a physician is deposed by a lawyer, the doctor must answer the questions truthfully under the oath. Usually, the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is a crucial stage in the trial and the physician has to pay attention to it with all their heart.

A deposition can help attorneys gain a thorough understanding of the doctor in terms of his or the training, education and experience. This information is crucial to proving the doctor breached the standard of care you expect and that this breach caused injury. For instance, doctors who have trained in the area of malpractice cases generally affirm that they have extensive experience in performing certain procedures and practices that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court and issue a summons. This triggers a legal procedure of disclosure known as discovery where you and your doctor's team collaborate to collect evidence to support your case. The evidence usually consists of medical records and testimony from experts.

The objective of proving that you have committed a malpractice is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries could have been avoided if your doctor had followed the standard of care. Your doctor's lawyers will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are a target for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect fair assessment of damages and negligence and that juries are skeptical of damages that are exaggerated. The vast majority of malpractice cases are settled before trial.