The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest significant time and money in the many lawsuits involving medical malpractice. This can include physician hours and work product as well as attorney time, court costs and expert witness fees and many other costs.

A traumatic injury caused by a healthcare professional's negligence, mistake, or omission can result in medical malpractice claims. Injury victims can seek compensation for economic losses, such as past or future medical expenses and also non-economic damages, like pain and discomfort.

Complaint

A medical malpractice case is complex and requires credible proof to be successful. The injured patient (or their attorney if they've passed away) must prove each of the following legal aspects of the case:

That a doctor or hospital was bound to act according to the standards of care in force. The defendant did not meet this obligation. The breach directly caused injury to plaintiff. This aspect of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause an injury, but it must be shown that the breach directly caused the injury and was the primary cause of the injury.

To safeguard the rights of a patient and to ensure that a physician does not continue to commit errors, it is required to file a complaint with the state medical board. However, filing a complaint does not initiate an action and is usually just a step towards getting the malpractice case moving. It is usually recommended to speak with a Syracuse attorney for malpractice prior to filing a report or any other document.

Summons

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

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation, such as hospital billing or clinic notes, and taking the deposition of the doctor who is defending the case. Attorneys will then inquire with the defendant under oath regarding the details of the case.

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

Discovery

During the discovery process, both sides are able to request and receive evidence that is relevant to the case. This includes medical records before and following the suspected malpractice, information on expert witnesses and tax returns, copies or other documentation that pertains to expenses out of pocket that the plaintiff claims were incurred, and also the names and contact information for witnesses who are expected to be present at trial.

Most states have a statute of limitations that gives injured people the time period of a certain amount of years after an injury or Medical Malpractice attorneys mistake to make a claim. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice law firm negligence case the injured person must prove that the doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question-and-answer sessions that take place in the presence of a court reporter who records both the questions and responses. Depositions are part of the discovery process, which consists of gathering information that can be used in a trial.

Attorneys can pose a number of questions to witnesses, typically doctors. When a doctor is deposed and questioned, they must answer all questions in a straight and honest manner under the oath. Usually, the physician is asked questions by one attorney and then cross-examined by another attorney. This is a crucial stage of the process and requires the full attention and focus of the doctor.

A deposition is a great opportunity for lawyers to gather an extensive background on the doctor, including his or his education, training and experience. This information is essential to prove that the doctor did not meet the standards of care in your situation and that the breach directly resulted in injury. Physicians who have been trained in this field will typically declare that they have experience performing certain procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins a legal disclosure process called discovery. Your doctor and your team will work together to gather evidence to support your case. This evidence usually includes medical records and testimony of an expert witness.

To prove malpractice you must prove that the doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had acted in accordance with the standard of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented by your lawyer.

Despite folklore suggesting that doctors are a target for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts generally reflect reasonable evaluations of damages and negligence, and that juries are skeptical about damages that are exaggerated. The majority of malpractice cases settle before trial.