The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both physicians and lawyers must invest significant time and money in many medical malpractice lawsuits. This investment includes attorney time, court fees, expert witness fees and other expenses.

A serious injury that is the result of the negligence of a healthcare professional's misconduct, error or omission could result in a medical malpractice attorneys malpractice claim. The injured party may be able to seek compensation damages, which include economic loss, such as the past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice case is complex and requires a solid proof of the claim to be successful. The injured party (or their attorney if they have died) must demonstrate each of the following legal elements of the claim:

The defendant breached that duty. The defendant did not fulfill that obligation. The breach directly caused injury to the plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care is not a cause of injury, but it must be proved that the breach directly caused the injury and was the direct cause of the injury.

It is usually necessary to file a formal complaint with a state medical board in order to protect the rights of the patient and ensure that the doctor doesn't engage in further negligence. However, filing a complaint does not start an action and is usually just a step towards moving the malpractice claim. It is recommended to talk with a Syracuse malpractice lawyer prior to filing any report or 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 on behalf of the plaintiff will review the documents and, if it appears that there could be an instance 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 in the legal process is to obtain evidence through pretrial discovery. This includes the submission of requests for documentation including hospital billing and clinic notes, and taking the deposition of the defendant's physician. Attorneys will then question the defendant under oath regarding his or her knowledge regarding the case.

The attorney for the plaintiff will use this information to establish the elements of a claim for medical malpractice in court. These include the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's breach of this duty; an causal connection between the breach and the patient's injuries or death; and a sufficient amount of damages that result from the injury or death to justly award monetary compensation.

Discovery

During the process of discovery each side is entitled to request and receive evidence relevant to the case. This includes medical records before and following the suspected malpractice, information on expert witnesses and tax returns, copies or other documentation related to expenses out of pocket that the plaintiff claims to have incurred, and the names and contact information for any witnesses who will be present at trial.

Most states have a statute of limitations that gives injured people a certain number of years after a medical mishap to file a lawsuit. The length of time is determined by state laws and are subject to a rule called the "discovery rules."

To prevail in a medical malpractice law firm malpractice case an injured victim must prove that a physician's negligence caused a specific injury that is physical pain or loss of income. They must also prove causationwhich means, that the negligent treatment was directly responsible for their injuries or death.

Deposition

Depositions are sessions of question and answer that take place in the presence a court reporter, who takes notes of the questions as well in the responses. The deposition is a part of the discovery process, in which the parties collect evidence to use in the trial.

Attorneys are able to ask a series of questions to witnesses, typically doctors. When a doctor is questioned they must answer all questions honestly under an oath. Usually, the physician is asked questions by an attorney and later cross-examined by a second attorney. This is an important stage in the trial and the doctor must pay attention to it with all their heart.

A deposition can help attorneys obtain a detailed background on the doctor in terms of his or the training, education and experience. This information is crucial in showing that the doctor violated your standards of care and caused you harm. Doctors who have been trained in this area are likely to affirm that they have years of knowledge of certain techniques and procedures that could be relevant to your particular Medical Malpractice Attorney-malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This is the beginning of the process of legal disclosure, also known as discovery. You and your doctor's team will collaborate to gather evidence to support your case. This evidence usually comprises medical records and testimony from an expert witness.

To prove malpractice, you must establish that the doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries wouldn't have occurred if your doctor acted according to the standards of care. Your doctor's lawyer will present defenses that go against the evidence presented to you by your attorney.

Despite the common belief that doctors are targets for false claims of malpractice the decades of evidence confirm that juries make reasonable assessments of damages and negligence and that juries are skeptical of large amounts of money awarded. The majority of malpractice cases settle prior to trial.