The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to invest a lot of time and money in the many lawsuits involving medical malpractice. This investment covers physician time and work product as well as attorney time court costs and expert witness fees and many other costs.

A medical malpractice case can be filed in the event that a healthcare professional has been negligent or has committed misconduct or erred, or failed to take action. Plaintiffs seeking compensation for injuries can file for economic losses, like past or future medical expenses and also non-economic damages, like pain and discomfort.

Complaint

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

A hospital or doctor had a duty to act in accordance with the applicable standard of care. The defendant did not meet this obligation. The breach directly caused injury for the plaintiff. This element is known as "cause". A breach of a standard of care does not cause injury on its own. It must be proved that it caused the injury directly and was the proximate reason for the injury.

It is often necessary to file a complaint with a state medical board in order to safeguard patients' rights and ensure that the doctor does not commit further negligence. However, filing a report is not the start of an action, and is often just a step towards moving the malpractice claim. It is generally recommended to consult an Syracuse malpractice lawyer prior to filing a 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 process. A lawyer for the plaintiff appointed by the court will look over these documents. If it appears there could be a malpractice claim and the lawyer files an affidavit and a complaint with the court, describing the alleged error.

The next step is to collect evidence by pretrial disclosure. This involves submitting requests for evidence such as hospital invoices and clinic notes and conducting a deposition of the doctor who is being sued where lawyers question the defendant about his or her knowledge of the case under oath.

The information provided will be utilized by the lawyer representing the plaintiff to prove the elements of a medical malpractice claim in the course of trial. This includes the existence of a duty on the physician's part to provide medical care and treatment to patients; the doctor's breach of this duty a causal link between the breach and the patient's injury or death; and a sufficient amount of damages that result from the accident or death to justly award monetary compensation.

Discovery

During the discovery phase during the discovery phase, both parties are able to request evidence that is relevant to their case. This includes medical malpractice attorney records before and after the suspected malpractice, information on expert witnesses, copies of tax returns or other documentation relating to expenses out of pocket that the plaintiff claims were incurred and the names and contact details for witnesses who are expected to be called to testify in the trial.

Most states have a statute of limitations which allows injured patients some time after a medical mishap to pursue a lawsuit. Those time limits are usually determined by state law, and they are subject to a rule known as the "discovery rule."

In order to win a Medical Malpractice Attorneys malpractice lawsuit the patient who was injured must prove that a physician's negligence caused specific harm, such as physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in the presence a court reporter, who records the questions as well and the answers. Depositions are a part of the discovery process through which the parties collect evidence to be used in a trial.

Attorneys can pose a number of questions to witnesses, which are usually doctors. If a doctor is interrogated they must answer all questions in a straight and honest manner under an oath. Usually, the physician is first questioned by an attorney before being interviewed by another attorney. This is a crucial stage of the trial and requires the full attention and focus of the doctor.

A deposition allows attorneys to gain a thorough understanding of the doctor's background in terms of his or the training, education and experience. This information is essential for prove that the doctor did not meet the standard of care in your case and that the breach caused you harm. For example, physicians who have been trained in the field of malpractice cases usually declare that they have a vast knowledge of specific procedures and techniques that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will submit a complaint to the court, along with a summons. The process begins with a legal requirement of disclosure known as discovery where you and the doctor's team work together to gather evidence to prove your case. This evidence typically includes medical records and testimony from expert witnesses.

To prove that you committed a crime you must prove that the doctor's actions were not in accordance with the standards of care. Your lawyer must convince a jury that it is more likely than not that your injuries wouldn't have occurred if your doctor followed the standard of care. Your doctor's lawyers will argue arguments that are contrary to the evidence that your attorney has presented.

Despite the common belief that doctors are the target of fraudulent malpractice claims years of evidence shows that juries make reasonable assessment of the severity of the damage and negligence, and that juries are skeptical of inflated award amounts. The majority of malpractice cases are settled before trial.