The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical Malpractice attorneys malpractice lawsuits require significant time and resources from both physicians and attorneys. This investment includes attorney time as well as court fees expert witness fees, and other costs.

A traumatic injury caused by a healthcare professional's negligence, incompetence, error or omission could result in a medical malpractice claim. The injured party may be able to seek compensation damages, including the actual economic losses such as past and future medical malpractice law firm bills, as well as noneconomic losses such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires credible proof for success. The patient who has been injured or their lawyer if the patient has died must prove each of these legal elements:

The defendant did not fulfill that duty. That the defendant breached that obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care cannot in itself cause injury. It must be demonstrated that it directly caused the injury and was the proximate reason for the injury.

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

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal procedure. A court-appointed lawyer for the plaintiff will then go over these documents and, if it is found that there could be an instance of malpractice, they will file a complaint and affidavit with the court, describing the alleged medical error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation like hospital billing information and clinic notes and taking the defendant's deposition where lawyers question the defendant about his or his knowledge of the situation under oath.

The plaintiff's attorney will use this information to establish the elements of a medical malpractice case during 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 doctor's violation of this duty and a causal link between the breach and injury or death of the patient, and an amount of damages sufficient to warrant a monetary compensation award.

Discovery

During the process of discovery both sides are able to request and receive evidence that is relevant to the case. This includes medical records before and after the incident of alleged malpractice, information about experts, copies of tax returns or other documents relating to out-of-pocket expenses the plaintiff claims were incurred along with the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute of limitations which allows injured patients the time period of a certain amount of years after an injury or medical mistake to make a claim. The length of time is typically set by law of the state, and are subject to rules called the "discovery rule."

To win a medical malpractice claim an injured victim must show that a doctor's negligence caused harm to a specific person like physical pain or loss of income. They must also prove causationmeaning, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are essentially question-and-answer meetings that take place in presence a court reporter, who is able to record the questions as and the answers. Depositions are part of the discovery process, in which the parties collect evidence to use in a trial.

Attorneys may ask a series of questions to witnesses, typically doctors. When a physician is deposed, they must answer all questions in a straight and honest manner under the oath. Usually, the physician is first questioned by an attorney before being interrogated by a different attorney. This is an essential stage of the case that requires the full concentration and attention of the doctor.

Depositions allow lawyers to gather a full background of the doctor's qualifications in relation to his or her education, training and experience. This information is crucial to establish that the doctor violated the standard of care in your case and that the breach caused injury to you. Physicians who have received training in this field will typically declare that they have experience with specific procedures and techniques that may be relevant to your particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and issue a summons. This initiates a legal process of disclosure called discovery, which is where you and your doctor's team collaborate to collect evidence to prove your case. The evidence typically includes medical records and expert witness testimony.

The goal of proving malpractice is to prove that your physician's actions fell short of the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor acted according to the standard of care. Your doctor's lawyer will offer defenses that go against the evidence presented to you by your attorney.

Despite the common belief that doctors are the target of fraudulent malpractice claims Evidence from decades shows that jury verdicts are based on reasonable estimates of negligence and damages and that juries tend to be skeptical of inflated award amounts. The majority of malpractice cases settle before trial.