The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must spend a significant amount of time and money in the many lawsuits involving medical malpractice. This investment includes attorney time, court fees as well as expert witness fees and other costs.

A traumatic injury caused by an healthcare professional's negligence, incompetence, error or omission could result in a medical malpractice claim. Injury victims can seek compensation for financial losses, such as past or future medical malpractice lawyer bills and also non-economic damages, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts and requires reliable evidence to prevail. The injured patient (or their attorney if they have died) must show each of these legal elements of the claim:

That a doctor or hospital had a duty to follow the applicable standard of care. The defendant erred in his obligation. That the breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care cannot directly cause injury. It must be demonstrated that it caused the injury directly and was the primary cause for the injury.

To protect the rights of a patient, and to ensure that a doctor does not commit further mistakes, it is essential to file a complaint with the state medical board. However, filing a claim is not a way to start an action, and is often just a first step to moving the malpractice claim. It is advisable to speak with a Syracuse malpractice attorney before filing any report or other document.

Summons

As part of the legal procedure, an order or claim form is filed with the court, and then delivered to the defendant physician. A lawyer for the plaintiff appointed by the court will examine these documents. If it appears that there is a malpractice issue and the lawyer files an affidavit as well as a complaint with the court, describing the suspected error.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes the submission of requests for documentation, such as hospital billing or clinic notes, and taking depositions of the doctor who is defending the case. Attorneys will then question the defendant on oath about his or her knowledge regarding the case.

The attorney representing the plaintiff will use this information to establish the elements of a claim for medical malpractice Attorneys medical malpractice at trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the doctor's breach of this duty; causality between the breach and the patient's death or injury and a substantial amount of damages that result from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records prior to and after an incident of alleged negligence, information about experts and tax returns or other documents relating to out-of-pocket expenses that the plaintiff claims to have paid, as well as the names and contact details of witnesses who are expected to testify during the trial.

The majority of states have a statute of limitations that allows injured patients only the time period of a certain amount of years after a medical malpractice Attorneys mishap to pursue a lawsuit. The length of time is determined by state laws and are subject to a law known as the "discovery rules."

To prevail in a medical malpractice lawsuit, a patient who has been injured has to show that the doctor's negligence caused a specific injury such as physical pain, or loss of income. They must also prove causation i.e. that the negligent treatment caused their injury or death.

Deposition

Depositions are sessions of question and answer that take place in presence of a court reporter who will record the questions as in the responses. Depositions are part of the discovery procedure, which involves gathering information that can be used in the trial.

Attorneys may ask a series of questions to witnesses, usually doctors. If a doctor is interrogated they must answer all questions in a straight and honest manner under oath. Usually, the physician is asked questions by an attorney and then cross-examined by a different attorney. This is a crucial step in the trial, and the physician must pay attention to it with all their heart.

A deposition allows attorneys to gather a full background of the doctor in terms of his or her education, training and experience. This information is critical to establish that the doctor violated the standards of care in your situation and that the breach caused you harm. Physicians who have received training in this field will typically declare that they have knowledge of certain techniques and procedures that could be relevant to your particular medical malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This initiates a legal process of disclosure, referred to as discovery where you and your physician's team work together to gather evidence to support your case. This typically consists of medical records as well as testimony from expert witnesses.

To prove malpractice you must prove that the actions of your doctor were below the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had acted in accordance with the standard of care. Your doctor's lawyer will offer arguments that are contrary to the evidence presented by your attorney.

Despite the myth that doctors are a target for malpractice claims that are not meritorious, decades of empirical research shows that jury verdicts usually reflect reasonable assessments of negligence and damages, and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases are settled before trial.