The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both physicians and lawyers. This investment includes physician hours and work product attorneys' time, court costs and expert witness fees and many other costs.

An injury resulting from an healthcare professional's negligence, mistake, or omission could result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, like past or future medical expenses, as well as noneconomic damages, like discomfort and pain.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility for success. The injured patient or their attorney, in the event that the patient has passed away, must prove each of these legal elements:

That a doctor or hospital had a duty to follow the applicable standard of care. That the defendant breached that obligation. The breach directly caused injury for the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care itself doesn't cause injury; however, it must be shown that the breach directly caused the injury and was the direct reason for 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 report with the state medical malpractice attorney board. However, filing a report does not initiate an action and is usually just a beginning step in making the malpractice claim move. It is recommended to speak with a Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and then sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court will go through the documents. If it appears that there could be a malpractice claim and the lawyer files an affidavit and a complaint with the court, detailing the alleged error.

The next step in the legal process is to obtain evidence through pretrial discovery. This includes filing requests for documents, such as hospital billing or clinic notes, and taking the deposition of the defendant physician. Attorneys will then inquire with the defendant under oath as to his or her knowledge of the case.

The attorney representing the plaintiff will use this evidence to prove the elements of a medical malpractice attorneys malpractice claim in court. The elements of a medical malpractice case include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's infraction of this obligation and a causal connection between the breach and injury or death of the patient and the amount of damages to warrant a monetary compensation award.

Discovery

During the process of discovery, both sides are able to seek and receive evidence pertinent to the case. This includes medical records prior to and following the an alleged malpractice, details about experts, copies of tax returns or other documentation relating to out-of-pocket expenses which the plaintiff claims were incurred along with the names and contact information for any witnesses who will testify at trial.

The majority of states have a statute of limitation which allows injured patients a certain number of years after a medical error to pursue a lawsuit. The length of time is typically set by law of the state, and they are subject to a rule known as the "discovery rule."

To win a medical malpractice lawyer malpractice lawsuit an injured victim must prove that a physician's negligence caused harm to a specific person that is 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 questions-and-answer sessions that are conducted in the presence a court reporter, who records the questions as well and the answers. Depositions are part of the discovery process, in which parties collect information for use in the trial.

Depositions permit attorneys to ask witnesses, usually doctors to answer a series of questions. When a doctor is questioned, they must answer all questions truthfully under oath. Usually, the physician is questioned questions by one attorney and then cross-examined by another attorney. This is a crucial phase in the case and the physician has to be attentive to the case.

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 essential to proving the doctor breached your standard of care and that this breach caused you injury. For example, physicians who have received training in the field of malpractice cases generally declare that they have a vast experience in performing specific procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will make a complaint to the court and a summons. This initiates a legal process of disclosure, also known as discovery, where you and your doctor's team collaborate to collect information to prove your case. This usually includes medical records as well as testimony from expert witnesses.

To prove malpractice, you must establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred had your doctor acted in accordance with the standard of care. The lawyers for your doctor will present arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are the target of frivolous claims of malpractice Evidence from decades demonstrate that jury verdicts are based on reasonable assessments of damages and negligence, and that juries tend to be skeptical of excessive award amounts. The vast majority of malpractice cases are settled prior to trial.