The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in a variety of medical malpractice lawsuits. This investment includes physician hours and work product attorneys' time court costs and expert witness fees and countless other expenses.

A medical malpractice lawsuit can be filed when a healthcare professional is negligent, has committed misconduct or committed an error or acted in a way that was not. Victims of injury may seek compensation damages, including the actual economic loss such as future and past medical bills, as well as non-economic expenses like pain and suffering.

Complaint

A medical malpractice case is a complicated one and requires evidence of credibility to be successful. The person who was injured (or their attorney if they've lost their claim) must show each of these legal aspects of the claim:

The defendant did not fulfill that obligation. That the defendant breached that obligation. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care does not in itself cause injury. It must be proved that it directly caused the injury and was the primary cause for the injury.

It is usually necessary to file a formal complaint with a medical board in the state to protect the rights of the patient and ensure that the doctor doesn't commit additional negligence. But, medical malpractice Attorneys filing a report is not a way to start the process of a lawsuit, and is typically only a first step in getting the malpractice case moving. It is often best to speak with an Syracuse malpractice lawyer before filing a report or any other type of document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court and handed to the doctor who is the defendant. A lawyer appointed by the court for the plaintiff will review the documents and, if it is found that there is an incident of malpractice and they file a complaint along with an affidavit with the court, describing the medical error that they believe to have committed.

The next step is to obtain evidence through pretrial disclosure. This includes submitting requests for documentation including hospital billing and clinic notes, as well as taking depositions of the defendant's doctor. Attorneys will then inquire with the defendant under oath as to the details of the case.

This information will be utilized by the lawyer representing the plaintiff to establish the elements of a medical malpractice attorney malpractice claim at trial. This includes the existence of a duty on the physician's part to provide medical care and treatment to patients; the physician's violation of this duty; a causal relationship between the breach and the patient's injuries or death and a sufficient amount of damages resulting from the injury or death to warrant a monetary award for compensation.

Discovery

During the discovery process both sides are entitled to seek and receive evidence pertinent to the case. This includes medical records prior to and after an incident of negligence, information on experts and tax returns or other documents related to expenses out of pocket that the plaintiff claims have been caused, and the names and contact information of any witnesses who are expected to testify in the trial.

The majority of states have a statute of limitations that limit the period that a patient must seek compensation for injuries caused by medical error. These limitations are set by the laws of the state and are subject to a law known as the "discovery rules."

To win a medical malpractice Attorneys malpractice claim an injured victim must prove that a physician's negligence caused harm to a specific person, 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 question-and-answer sessions conducted in the presence of the court reporter who takes notes of both the questions as well as the answers. The deposition is a part of the discovery process in which the parties collect evidence to be used in a trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a physician is deposed by a lawyer, the doctor must answer all questions truthfully under an oath. Typically, the doctor is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial phase in the case, and the physician must focus on it with complete attention.

A deposition is an excellent opportunity for lawyers to gather an extensive background on the doctor, including his or his education, training and experience. This information is essential for prove that the doctor did not meet the standard of care in your particular case and that the breach resulted in injury. Physicians who have been trained in the area will often affirm that they have years of knowledge of certain techniques and procedures that may be relevant to a specific medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and will issue a summons. This starts the process of legal disclosure known as discovery. You and your doctor's staff will work together to gather evidence to prove your case. The evidence typically includes medical malpractice law firm records and testimony of an expert witness.

To prove that you committed a crime, you must establish that the actions of your doctor were not in line with the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had acted in accordance with the standards of care. The lawyer representing your doctor will argue defenses that contradict the evidence presented to you by your lawyer.

Despite the belief that doctors are the target of frivolous claims of malpractice Evidence from decades show that jury verdicts reflect reasonable assessment of the severity of the damage and negligence, and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases settle before trial.