The 10 Most Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and doctors have to spend a significant amount of time and money in many medical malpractice lawsuits. This can include attorney time as well as court fees, expert witness fees and other expenses.

A medical malpractice claim can be filed when a healthcare professional is negligent or has committed misconduct or committed an error or failed to take action. Plaintiffs seeking compensation for their injuries can seek damages, including the actual economic losses such as past and future medical bills, as well as non-economic loss such as pain and suffering.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to win. The patient who has been injured or their attorney, when the patient has passed away, must demonstrate each of these legal elements:

A hospital or doctor was required to perform its duties in accordance with the applicable standard of care. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care is not a cause of injury, but it has to be proved that the breach directly caused the injury and was the primary cause of the injury.

It is often necessary to file a claim to a state medical board to protect the rights of the patient and to ensure that the doctor does not commit additional negligence. A report is not a lawsuit but it can be a good first step in initiating the malpractice lawsuit. It is recommended to consult with a Syracuse attorney for malpractice prior to filing a report or any other type of document.

Summons

A summons or claim is filed in a courtroom and sent to the defendant doctor as part of the legal process. A lawyer appointed by the court will look over these documents. If it is determined that there is a malpractice case the lawyer is required to file an affidavit, along with a complaint to the court, detailing the alleged error.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting documents like hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued in which attorneys ask the defendant about his or her knowledge of the case under oath.

The attorney representing the plaintiff will use this information to prove the elements of a claim for medical malpractice at trial. These include the existence of a duty on the physician's part to provide medical care and treatment to patients; the doctor's breach of this duty causality between the breach and the patient's injury or death and a sufficient amount of damages that result from the accident or death to warrant a monetary award for compensation.

Discovery

During the discovery phase during the discovery phase, Medical Malpractice Attorneys both parties are able to request evidence relevant to their case. This includes Medical Malpractice Attorneys records prior to and after the incident of an alleged malpractice, details about expert witnesses and tax returns, copies or other documentation relating to out-of-pocket expenses the plaintiff claims were incurred along with the names and contact details for any witnesses who will be present at trial.

Most states have a statute-of-limitations that limit the time a patient has to pursue a lawsuit after being injured due to a medical mistake. These time limits are typically set by law of the state, and are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice lawsuit an injured victim must show that a doctor's negligence caused a specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that the negligent treatment led to their injury or death.

Deposition

Depositions are questions and answer sessions that take place in the presence of an official court reporter who records both the questions and the responses. Depositions are part of the discovery procedure, which consists of gathering information that can be used in a trial.

Attorneys can ask a series questions to witnesses, typically doctors. When a doctor is questioned and questioned, they must answer all questions honestly under the oath. Usually the physician is asked questions by an attorney and later cross-examined by a second attorney. This is a crucial phase of the case that requires the full attention and focus of the physician.

A deposition is an excellent way for attorneys to get an in-depth background on the doctor, including the doctor's education, training and experience. This information is crucial to showing that the doctor violated the standard of care in your particular case and that the breach caused injury to you. For example, physicians who have received training in the field of malpractice cases usually affirm that they have extensive experience performing certain procedures and practices that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court, along with a summons. This begins the legal disclosure process known as discovery. You and your doctor's team will work together to gather evidence to support your case. This usually comprises medical records and expert witness testimony.

The objective of proving that you have committed a malpractice is to establish that the actions of your doctor fell short of 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 physician acted according to the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your lawyer.

Despite folklore suggesting that doctors are targets for malpractice claims that are not meritorious, decades of empirical research proves that jury verdicts tend to reflect fair assessments of negligence and damages and juries are skeptical of damages that are exaggerated. The majority of malpractice cases are settled before trial.