The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in the many lawsuits involving medical malpractice. This can include attorney time as well as court fees, expert witness fees and other expenses.

A serious injury that is the result of an healthcare professional's negligence, misconduct, error or omission can give rise to a medical malpractice attorney malpractice claim. Plaintiffs seeking compensation for their injuries can seek damages, including actual economic losses such as past and future medical bills as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires a solid proof of the claim for success. The injured party (or their attorney if they have died) must be able to prove each of the following legal aspects of the claim:

The defendant violated this obligation. The defendant did not fulfill that duty. The breach directly caused injury for the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury; it must be proved that the breach directly caused the injury and was the main cause of the injury.

To safeguard a patient's rights, and to ensure that a physician is not committing further errors, it is required to file a complaint with the state medical board. A report is not a lawsuit, however, it is a good first step in starting the malpractice claim. It is often best to consult with a Syracuse malpractice lawyer before filing a report or other document.

Summons

As part of the legal process, a summons or claim forms is filed with the court and then handed to the doctor who is the defendant. A lawyer appointed by the court for plaintiff will review the documents and, if it appears that there could be an incident 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 to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital invoices or clinic notes, as well as taking the defendant's deposition during which lawyers ask the defendant about his or his knowledge of the situation under oath.

The attorney for the plaintiff will use this information to prove the elements of a Medical malpractice attorney malpractice case at trial. The elements of a medical malpractice law firms malpractice claim include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the physician's violation of this duty, a causal link between the breach and the injury or death of the patient and the amount of damages to warrant a monetary award.

Discovery

During the discovery phase where both parties are permitted to request evidence relevant to their case. This includes medical records from before and after an incident of alleged negligence, information about experts as well as copies of tax returns or other documents relating to expenses out of pocket the plaintiff claims have been incurred, and the names and contact information of any witnesses who will be appearing at trial.

Most states have a statute-of-limitations that limit the length of time that a patient is allowed to claim compensation after suffering injuries due to a medical mistake. The length of time is typically set by law of the state, and are subject to a rule known as the "discovery rule."

To win a medical negligence case, an injured patient must prove that a doctor's negligence caused a specific injury that is physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are question-and-answer sessions that are conducted in front of a court reporter who documents both the questions and responses. The deposition is an element of the process of discovery, which consists of gathering information that can be used in the trial.

Depositions permit attorneys to ask witnesses, often doctors to answer a set of questions. When a physician is questioned, he or she must answer the questions truthfully under oath. Usually, the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an important stage in the trial, and the physician must give it their full attention.

A deposition is a way for attorneys to gain a thorough understanding of the doctor's background in terms of his or her education, training and experience. This information is critical to showing that the doctor violated the standards of care in your case and that the breach caused you injury. Physicians who have received training in this area are likely to affirm that they have years of experience with specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will make a complaint to the court and a summons. This starts a legal disclosure process called discovery. Your doctor and your team will collaborate in order to gather evidence that can prove your case. The evidence typically comprises medical records and testimony of an expert witness.

To prove malpractice, you must establish that your doctor's actions did not meet the standards of care. Your lawyer must convince jurors that it is more likely than not that your injuries wouldn't have occurred if your doctor acted according to the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence provided by your attorney.

Despite the common belief that doctors are the target of frivolous claims of malpractice the decades of evidence shows that jury verdicts are based on reasonable judgments of negligence and damages and that juries are skeptical of inflated award amounts. The vast majority of malpractice cases are settled before trial.