The 10 Most Scariest Things About Medical Malpractice Attorneys
How to File a Medical Malpractice Lawsuit
Many medical malpractice cases require a lot of time and resources from both doctors and lawyers. This investment includes physician hours and work product as well as attorney time, court costs, expert witness fees, and medical malpractice many other costs.
A medical malpractice lawsuit can be filed if a healthcare professional is negligent or has acted in a manner that is illegal or committed a mistake or failed to take action. The injured party may be able to seek compensation damages, which include economic losses, such as future and past medical bills, as well as non-economic damages like pain and suffering.
Complaint
A medical malpractice claim is a complex matter and requires credible proof to be successful. The injured party (or their attorney if they've passed away) must prove each of the following legal aspects of the claim:
A hospital or doctor had a duty to act according to the standard of care applicable. The defendant did not fulfill that duty. The breach directly caused injury to plaintiff. This element of a malpractice claim is known as "causation." A breach of the standard of care itself does not cause an injury; however, it must be proved that the breach directly caused the injury and was the primary cause of the injury.
It is typically necessary to file a complaint to a state medical malpractice attorneys board in order to protect patients' rights and ensure that the doctor doesn't commit any further errors. A report is not a lawsuit, but it can be a good first step in getting the malpractice claim started. It is recommended to talk with a Syracuse malpractice lawyer prior to filing any report or document.
Summons
As part of the legal procedure, the summons or claim form is filed with the court, and then delivered to the defendant physician. A lawyer appointed by the court for plaintiff will review the documents and, if they believe that there is an incident of malpractice the lawyer will file an affidavit and complaint before the court describing the medical error that they believe to have committed.
The next step is to collect evidence by pretrial disclosure. This involves submitting requests for evidence such as hospital billing information or clinic notes, as well as conducting a deposition of the doctor who is being sued where lawyers question the defendant about his or his knowledge of the case under an oath.
The attorney for the plaintiff will use this information to prove the elements of a claim for medical malpractice at trial. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; a causal relationship between the breach and the patient's death or injury and a significant amount of damages resulting from the injury or death to justly award monetary compensation.
Discovery
During the discovery phase in the discovery phase, both parties are entitled to request any evidence relevant to their case. This includes medical records prior to and after the incident of suspected malpractice, information on experts, copies of tax returns or other documentation that pertains to out-of-pocket expenses which the plaintiff claims they incurred, as well as the names and contact details for any witnesses who be present at trial.
Most states have a statute-of limitations that limits the length of time that a patient is allowed to claim compensation after suffering injuries due to an error made by a doctor. These time limits are determined by state laws and are subject to a rule known as the "discovery rules."
To prevail in a medical malpractice lawsuit, the injured patient has to demonstrate that the negligence of the doctor resulted in a specific injury, 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 questions-and-answer sessions that take place in the presence of a court reporter who records the questions as well as the answers. The deposition is a part of the discovery process which involves gathering information that can be used in a trial.
Attorneys can pose a number of questions to witnesses, mostly doctors. When a physician is questioned by a lawyer, the doctor must answer all questions honestly under the oath. Typically, the doctor is first interrogated by an attorney, and then interrogated by a different attorney. This is an important stage of the process and requires the full concentration and attention of the physician.
A deposition is a great way for attorneys to get an extensive background on the doctor, including their education, training, and experience. This information is crucial to showing that the doctor violated the standard of care in your case and that the breach caused you injury. For instance, doctors who have trained in the area of malpractice cases generally testify that they have vast knowledge of certain procedures and practices that could be relevant to a particular medical-malpractice claim.
Trial
Your lawyer will submit a complaint to the court and issue a summons. This begins a legal process of disclosure called discovery, where you and your doctor's team work together to gather information to prove your case. This evidence usually includes medical records as well as testimony of an expert witness.
The goal of proving negligence is to prove that the actions of your doctor did not meet the standard of care. Your lawyer must convince jurors that it is more likely than not that your injuries would not have occurred if your doctor acted according to the standard of care. The lawyers for your doctor will present defenses that go against the evidence provided by your attorney.
Despite the legend that doctors are targets for frivolous malpractice claims, decades of research on the subject shows that jury verdicts usually reflect fair assessment of damages and negligence and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases settle before trial.
