Medical Malpractice Attorneys: What No One Is Discussing

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in many medical malpractice lawsuits. This includes attorney time and court costs as well as expert witness fees and other costs.

A medical malpractice lawsuit can be filed when a healthcare professional is negligent or has committed misconduct or erred, or acted in a way that was not. Injury victims can seek compensation for financial losses, such as future or past medical malpractice lawyers bills and also non-economic damages, such as pain and discomfort.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires a solid evidence to be successful. The injured patient (or their attorney if they have died) must demonstrate each of the following legal aspects of the claim:

The defendant violated this obligation. The defendant did not fulfill that obligation. That the breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

To safeguard the rights of patients, and to ensure that a physician does not continue to commit errors, it is required to file a complaint with the state medical malpractice lawsuits board. A report is not a lawsuit, but it could be the first step to beginning the process of bringing a malpractice claim. It is best to consult a Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal process an order or claim form is filed with the court and then handed to the defendant physician. A lawyer for the plaintiff appointed by the court will go through the documents. If it appears there may be a malpractice case the lawyer is required to file an affidavit and a complaint with the court, describing the suspected mistake.

The next step is to collect evidence through pretrial disclosure. This involves submitting requests to document like hospital billing records as well as notes from clinics and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant on his or her knowledge of the case under an oath.

This information will be used by the attorney representing the plaintiff to prove the elements of a claim for medical negligence at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the doctor's violation of this duty and a causal connection between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence relevant to their case. This includes medical records before and after the an alleged malpractice, details about experts and tax returns, copies or other documentation relating to out-of-pocket expenses the plaintiff claims to have incurred, and also the names and contact information for any witnesses who will testify at trial.

The majority of states have a statute of limitations that permits injured patients a certain number of years after a medical mishap to make a claim. These limitations are set by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence caused a specific injury like physical pain or loss of income. They must also prove causation i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are question and answer sessions conducted in the presence of a court reporter who documents both the questions as well as the answers. The deposition is an element of the discovery process which is the process of gathering evidence that can be used in a trial.

Depositions permit attorneys to ask witnesses, typically doctors to answer a series of questions. If a doctor is deposed, he or she must answer all questions truthfully under the oath. Typically, the doctor is first asked questions by an attorney before being cross examined by another attorney. This is an essential stage of the case and requires the complete concentration and attention of the physician.

A deposition can help attorneys get a complete background on the doctor's background in terms of his or the training, education and experience. This information is essential to proving the doctor breached the standard of care you expect and caused injury. Physicians who have received training in the area will often testify they have extensive experience performing specific procedures and techniques that may be relevant to an individual medical malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This is the beginning of the legal disclosure process known as discovery. You and your doctor's team will collaborate to gather evidence to prove your case. This evidence typically includes medical records and the testimony of experts.

The goal of proving negligence is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standards of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your attorney.

Despite the legend that doctors are a target for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts usually reflect fair assessment of damages and negligence, and that juries are skeptical about damages that are exaggerated. The majority of malpractice cases settle prior to trial.