The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest considerable time and funds in the many lawsuits involving medical malpractice. This investment includes physician hours and work product and attorney time court costs, expert witness fees, and many other costs.

A serious injury that is the result of the negligence of a healthcare professional's mistake, or omission can give rise to a medical malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic losses such as past and future medical bills, as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires a solid evidence to prevail. The patient who has been injured or their attorney when the patient has passed away must be able to prove each of these elements:

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

To protect a patient's rights, and to ensure that a doctor does not continue to commit malpractice, it is necessary to file a report with the state medical board. A report is not a lawsuit however, it is an excellent first step in getting the malpractice claim started. It is best to consult a Syracuse malpractice lawyer prior to filing any report or other document.

Summons

A summons or claim is filed in the court and is sent to the defendant doctor as part of the legal process. A lawyer appointed by the court for the plaintiff will then look over the documents and, if they believe that there could be a case of malpractice, they will file an affidavit and complaint with the court describing the alleged medical error.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for evidence such as hospital billing information as well as notes from clinics and taking the defendant physician's deposition during which lawyers ask the defendant on his or their knowledge of the matter under an oath.

The attorney for the plaintiff will use this information to demonstrate the elements of a medical malpractice claim at trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's failure to fulfill this duty, a causal link between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

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

The majority of states have a statute of limitation that allows injured patients only an amount of time after a medical mishap to bring a lawsuit. The length of time is determined by the laws of the state and are subject to a regulation known as the "discovery rules."

To prevail in a medical malpractice lawsuit, a patient who has been injured has to prove that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are sessions of question and answer that take place in the presence a court reporter, who records the questions as well as the answers. The deposition is part of the discovery process which is the process of gathering evidence that can be used in the trial.

Attorneys are able to ask a series of questions to witnesses, usually doctors. When a doctor is questioned, they must answer all questions in a straight and honest manner under the oath. Usually, the physician is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial stage in the case and the physician must be attentive to the case.

A deposition is a way for attorneys to gain a thorough understanding of the doctor's background, including his or the training, education and experience. This information is crucial for showing that the doctor violated your standard of care and caused you injury. Physicians who have been trained in this area often be able to prove they have experience performing certain procedures and techniques that may be relevant to your particular medical malpractice lawyers-malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This initiates the legal disclosure process known as discovery. You and medical malpractice Attorney your doctor's staff will work together to gather evidence to support your case. The evidence typically includes medical malpractice Attorney records as well as testimony from an expert witness.

To prove malpractice, you must establish that the actions of your doctor were not in accordance with the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries could not have occurred had your doctor acted in accordance with the standards of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims, years of empirical research has shown that jury verdicts generally reflect fair judgments about the extent of negligence and damages, and that juries are skeptical about damages that are exaggerated. The vast majority of malpractice cases are settled prior to trial.