Medical Malpractice Attorneys: What s The Only Thing Nobody Is Discussing

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest considerable time and funds in many medical malpractice lawsuits. This can include physician hours and work product attorneys' time, court costs and expert witness fees and many other costs.

An injury resulting from the negligence of a healthcare professional's incompetence, error or omission could result in medical malpractice claims. The injured party can seek compensation for economic losses, such as future or past medical expenses as well as non-monetary damages, like discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to succeed. The person who was injured or their lawyer should the patient die, must show each of these legal elements:

The hospital or doctor had a duty to act according to the applicable standard of care. The defendant violated that obligation. 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 caused the injury directly and was the primary cause for the injury.

In order to protect the rights of patients, and to ensure that a physician does not commit further errors, it is required to file a claim with the state medical board. However, filing a complaint does not initiate an action and is usually just a beginning step in making the malpractice claim move. It is usually recommended to speak with a Syracuse lawyer for malpractice before filing a report, or any other type of 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 appointed by the court will review these documents. If it is determined that there is a malpractice issue and the lawyer files an affidavit and a complaint with the court, detailing the possible error.

The next step is obtaining evidence through pretrial disclosure. This involves submitting requests for documentation such as hospital invoices as well as notes from clinics and taking the deposition of the defendant's physician in which attorneys ask the defendant about his or her knowledge of the case under an oath.

This information will be used by the plaintiff's lawyer to prove the elements of a medical malpractice claim during trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide care and treatments to patients, the physician's infraction of this obligation and a causal link between the breach and injury or death of the patient and a sufficient amount in damages to warrant a monetary award.

Discovery

During the process of discovery, each side is entitled to request and receive evidence that is relevant to the case. This includes medical malpractice lawyer records before and following the mishaps, information about expert witnesses and tax returns, copies or other documentation that pertains to expenses out of pocket that the plaintiff claims they incurred, and also the names and contact information for witnesses who are expected to appear at trial.

Most states have a statute of limitation that allows injured patients only some time after a medical mishap to file a lawsuit. The time limit is set by the laws of the state and are subject to a law known as the "discovery rules."

In order to win a medical malpractice lawsuit the injured person must prove that a physician's negligence caused a specific injury that is physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are question-and-answer sessions that are conducted in front of the court reporter who takes notes of both the questions and responses. The deposition is a part of the discovery process in which the parties gather information for use in a trial.

Attorneys can ask a series questions to witnesses, typically doctors. If a doctor is deposed by a lawyer, the doctor must answer all questions truthfully under the oath. Typically, the doctor is first interrogated by an attorney and later cross examined by another attorney. This is an important stage of the process and requires the complete concentration and attention of the doctor.

A deposition is a way for attorneys to gain a thorough understanding of the doctor's qualifications in relation to his or his education, training, and experience. This information is essential to prove that the doctor did not meet the standard of care in your case and that the breach caused you injury. For instance, doctors who have completed training in the area of malpractice cases generally testify that they have vast experience performing certain procedures and practices that could be relevant to a specific medical-malpractice claim.

Trial

A lawsuit in a civil court is officially initiated when your lawyer is able to file a complaint as well as a summons with the court of your choice. The process begins with a legal requirement of disclosure called discovery, where you and your physician's team collaborate to collect evidence to support your case. The evidence typically comprises medical records and testimony of an expert witness.

To prove that you committed a crime it is necessary to prove that your doctor's actions were below the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries could not have occurred had your doctor followed the standards of care. The lawyers for your doctor will present defenses that go against the evidence presented by your lawyer.

Despite the belief that doctors are targets for frivolous malpractice claims decades of empirical research shows that jury verdicts generally reflect fair assessment of damages and negligence and juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle prior to trial.