The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice attorneys malpractice lawsuits demand a significant amount of time and resources from both doctors and lawyers. This investment covers physician time and work product attorneys' time court costs as well as expert witness fees and many other costs.

An injury caused by a healthcare professional's negligence, mistakes, or error medical malpractice case can result in medical malpractice claims. Plaintiffs seeking compensation for injuries can file for economic losses, such as past or future medical malpractice attorney bills and Medical Malpractice Case also non-economic damages, such as discomfort and pain.

Complaint

A medical malpractice lawsuit has many moving parts, and requires evidence that is credible evidence to win. The injured patient (or their attorney if they have died) must show each of these legal aspects of the claim:

The defendant breached that duty. The defendant violated this duty. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a duty of care will not cause injury on its own. It must be proved that it directly caused the injury and was the proximate reason for the injury.

It is usually required to file a complaint with a state medical malpractice law board in order to safeguard the patient's rights and ensure that the doctor does not commit additional negligence. A report is not a lawsuit but it could be a good first step in beginning the process of bringing a malpractice claim. It is best to consult a Syracuse malpractice attorney prior to filing any report or document.

Summons

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

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests to document like hospital billing records and notes from the clinic, and then conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the case under an oath.

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

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence relevant to their case. This includes medical records from prior to and after an incident of negligence, information on experts and tax returns, copies of the tax return or other documentation relating to out-of pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of any witnesses who are expected to testify in the trial.

There are many states with a statute of limitations that restricts the amount of time a patient can sue after being injured by a medical mistake. Those time limits are usually determined by the law of the state and they are subject to rules called the "discovery rule."

To win a medical malpractice lawsuit, a patient who has been injured must demonstrate that the negligence of the doctor resulted in a specific injury, like 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 conducted in the presence of a court reporter who documents both the questions as well as the responses. The deposition is part of the discovery process which consists of gathering information that can be used in the trial.

Depositions allow attorneys to question witnesses, often doctors for a series of questions. When a physician is questioned by a lawyer, the doctor must answer the questions truthfully under oath. Usually, the physician is first questioned by an attorney, and then cross examined by another attorney. This is an essential stage of the process and requires the full concentration and attention of the physician.

A deposition is a great way for attorneys to obtain an in-depth background on the doctor, including his or her training, education and experience. This information is critical to establish that the doctor violated the standards of care in your particular case and that the breach caused you injury. For example, physicians who have been trained in the area of malpractice cases typically will be able to prove that they have a lot of experience in the execution of certain procedures and practices that could be relevant to a specific medical malpractice compensation-malpractice claim.

Trial

A civil court is formally launched when your lawyer lodges a complaint and a summons with the court of your choice. This begins a legal process of disclosure known as discovery where you and your doctor's team collaborate to collect evidence to prove your case. This typically consists of medical records and the testimony of experts.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would have been prevented if your doctor had followed the standard of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your lawyer.

Despite the belief that doctors are targets for malpractice claims that are frivolous, decades of empirical research proves that jury verdicts usually reflect fair assessment of damages and negligence and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases are settled prior to trial.