The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest a lot of time and money in numerous medical malpractice lawsuits. This includes attorney time and court costs, expert witness fees and other costs.

A traumatic injury caused by the negligence of a healthcare professional's mistake, or omission can lead to a medical malpractice claim. The injured party may be able to seek compensation damages, which could include actual economic loss such as past and future medical bills, as well as noneconomic damages like pain and suffering.

Complaint

A medical malpractice case is complex and requires proof of credibility to be successful. The injured patient (or their attorney if they've passed away) must show each of these legal aspects of the case:

The hospital or doctor had a responsibility to act in accordance with the standards of care in force. That the defendant breached that obligation. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not directly cause injury. It must be demonstrated that it caused the injury directly and was the primary cause for the injury.

It is typically necessary to file a claim with a medical board in the state in order to safeguard the patient's rights and ensure that the doctor does not engage in further mistakes. A report is not a lawsuit but it can be an effective first step towards beginning the process of bringing a malpractice claim. It is best to consult an Syracuse malpractice lawyer prior to filing any report or document.

Summons

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

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued during which lawyers ask the defendant about his or her knowledge of the case under an oath.

This information will be used by the attorney representing the plaintiff to prove elements of a claim for medical negligence at trial. The elements of a medical malpractice claim include the existence of an obligation on the part of the physician to provide medical and treatment to patients, the physician's breach of this duty and a causal link between the breach and injury or death of the patient, and enough damages to warrant a monetary compensation award.

Discovery

During the discovery process, each side is entitled to request and receive evidence relevant to the case. This includes medical records from prior to and after an incident of negligence, information about 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 information of any witnesses who will be appearing at trial.

The majority of states have a statute of limitation that allows injured patients only the time period of a certain amount of years after a medical mishap to file a lawsuit. Those time limits are usually determined by state law, and are subject to a rule known as the "discovery rule."

In order to win a medical malpractice lawsuit an injured victim must prove that the doctor's negligence caused specific harm, such as 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 take place in presence of a court reporter who records the questions as well with the answers. Depositions are part of the discovery process, in which the parties gather information to use in a trial.

Depositions permit attorneys to ask witnesses, usually doctors, a series of questions. If a doctor is deposed and questioned, they must answer the questions truthfully under the oath. Usually, the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is a crucial phase in the case, and the physician must pay attention to it with all their heart.

A deposition is a way for attorneys to gather a full background of the doctor's background in terms of his or her education, training and experience. This information is critical to proving that the physician breached the standards of care in your case and that the breach caused you injury. Physicians who have been trained in this area are likely to declare that they have experience performing certain procedures and techniques that may be relevant to an individual medical-malpractice case.

Trial

A civil court is launched when your lawyer files a complaint and summons with the appropriate court. This initiates the legal disclosure process known as discovery. You and your doctor's team will work together to gather evidence to prove your case. This typically comprises medical malpractice Attorneys records and testimony from an expert witness.

The goal of proving negligence is to prove that your physician's actions did not meet 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 physician acted according to the standard of care. The lawyer representing your doctor will argue arguments that are contrary to the evidence presented by your lawyer.

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