The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice cases require a lot of time and resources from both physicians and attorneys. This investment includes attorney time, court fees as well as expert witness fees and other expenses.

An injury resulting from a healthcare professional's negligence, incompetence, error or omission can lead to medical malpractice claims. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic losses such as future and past medical bills as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice claim is a complex matter and requires proof of credibility to be successful. The injured patient (or their attorney if they've died) must prove each of the following legal elements of the claim:

The hospital or doctor had a responsibility to follow the standards of care in force. The defendant violated that obligation. That the breach directly caused injury to the plaintiff. This element 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 direct cause of the injury.

It is typically necessary to file a complaint with a state medical board in order to protect the patient's rights and ensure that the doctor doesn't commit further mistakes. However, filing a complaint is not a way to start an action and is usually just a beginning step in making the malpractice claim move. It is generally recommended to consult with a Syracuse lawyer for malpractice before making a report or other type of document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal process. A plaintiff's lawyer who is appointed by the court will examine the documents. If it appears that there is a malpractice case and the lawyer files an affidavit and complaint with the court, detailing the claimed error.

The next step is to gather evidence through pretrial disclosure. This includes making requests for evidence, such as hospital billing and notes from clinics, and taking depositions of the defendant's physician. Attorneys will then inquire with the defendant under oath regarding his or her knowledge of the case.

The attorney for the plaintiff will use this information to establish the elements of a medical malpractice attorney malpractice case at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the doctor to provide medical and treatment to patients, the physician's infraction of this obligation, a causal link between the breach and the injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request evidence that is relevant to their case. This includes medical records prior to and following the an alleged malpractice, details about experts as well as copies of tax returns or other documents relating to out-of-pocket expenses which the plaintiff claims were incurred, as well as the names and contact information for any witnesses who be called to testify in the trial.

Most states have a statute of limitation that gives injured people some time after an injury or medical mistake to make a claim. The length of time is typically set by law in the state, and are subject to a rule known as the "discovery rule."

To win a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -meaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in the presence of a court reporter who will record the questions as as the answers. Depositions are part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. If a physician is interrogated by a lawyer, the doctor must answer each question truthfully under an oath. Usually the physician is asked questions by one attorney and is then cross-examined in the presence of another attorney. This is a crucial step in the case and the doctor must give it their full attention.

Depositions allow lawyers to gather a full background of the doctor in terms of his or her education, training and experience. This information is crucial to showing that the doctor violated your standards of care and caused you injury. Physicians who have received training in the area will often affirm that they have years of experience in performing certain procedures and techniques that could be relevant to your particular medical malpractice case.

Trial

A lawsuit in a civil court is officially initiated when your lawyer lodges a complaint and a summons with the appropriate court. This triggers a legal procedure of disclosure known as discovery where you and your physician's team work together to gather information to prove your case. This evidence usually includes medical records and testimony from an expert witness.

The purpose of proving malpractice is to establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standard of care. The lawyer for your doctor will present arguments that are contrary to the evidence presented to you by your attorney.

Despite the myth that doctors are targets for fraudulent malpractice claims the decades of evidence confirm that jury verdicts reflect fair judgments of negligence and damages, and that juries are skeptical of excessive award amounts. The majority of malpractice cases settle before trial.