The 10 Most Terrifying Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This investment covers physician time and work product and attorney time, court costs and expert witness fees and countless other expenses.

An injury caused by an healthcare professional's negligence, mistakes, or error can give rise to a medical malpractice claim. Plaintiffs seeking compensation for injuries can file for economic losses, including past or future medical bills, as well as noneconomic damages, such as discomfort and pain.

Complaint

A medical malpractice case is a complicated one and requires proof of credibility for success. The injured patient or their lawyer if the patient has died, must prove each of these legal elements:

A hospital or doctor was bound to act in accordance with the applicable standard of care. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This aspect of an action for malpractice is called "causation." A breach of the standard of care doesn't cause injury, but it has to be proved that the breach directly caused the injury and was the direct cause of the injury.

In order to protect the rights of a patient, and to ensure that a physician is not committing further errors, it is required to file a complaint with the state medical board. A report is not a lawsuit, but it can be the first step to starting the malpractice claim. It is often best to consult with an Syracuse malpractice lawyer prior to filing a report or other type of document.

Summons

A summons or claim is filed in the court and is sent to the doctor who is defendant as part of the legal procedure. A lawyer appointed by the court on behalf of the plaintiff will then look over the documents and, if it is found that there is a case of malpractice and they file a complaint along with an affidavit with the court, describing the alleged medical error.

The next step is to collect evidence through pretrial disclosure. This involves submitting requests to document like hospital billing information as well as notes from clinics and conducting a deposition of the doctor who is being sued where lawyers question the defendant on his or his knowledge of the case under oath.

The lawyer for the plaintiff will utilize this information to prove the elements of a medical malpractice case in court. This includes 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 resulting from the accident or death to be able to justify a monetary compensation.

Discovery

During the discovery process, each side is entitled to seek and receive evidence pertinent to the case. This includes medical malpractice lawyers records before and after the an alleged malpractice, details about experts, copies of tax returns or other documentation related to out-of-pocket expenses the plaintiff claims were incurred and also the names and contact details for witnesses who are expected to be present at trial.

Most states have a statute of limitation that permits injured patients the time period of a certain amount of years after a medical error to file a lawsuit. The time limit is set by state laws and are subject to a rule known as the "discovery rules."

To win a medical malpractice lawyer malpractice lawsuit, an injured patient must prove that a physician's negligence caused a specific injury for example, physical pain or loss of income. They must also prove causation- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of an official court reporter who records both the questions and the answers. The deposition is part of the discovery process, which is the process of gathering evidence that can be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors to answer a series of questions. If a doctor is interrogated they must answer all questions truthfully under the oath. Usually, the physician is asked questions by an attorney and then cross-examined by another attorney. This is a crucial stage in the case and the doctor must focus on it with complete attention.

A deposition is a fantastic way for attorneys to get an extensive background on the doctor, including his education, training and experience. This information is essential to showing that the doctor violated the standard of care you expect and resulted in injury to you. For example, physicians who have been trained in the area of malpractice cases will typically testify that they have vast experience in performing certain procedures and practices that could be relevant to a specific medical malpractice claim.

Trial

Your lawyer will file a complaint with the court and a summons. This begins a legal process of disclosure, also known as discovery, which is where you and your doctor's team work together to gather evidence to prove your case. The evidence typically includes medical records as well as testimony of an expert witness.

To prove malpractice, you must establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince the jury that your injuries could have been prevented if your doctor had followed the standards of care. Your doctor's lawyers will present defenses that contradict the evidence that your attorney has presented.

Despite the legend that doctors are targets for malpractice claims that are not meritorious, years of empirical research has shown that jury verdicts tend to reflect fair judgments about the extent of negligence and damages and that juries are skeptical about overinflated damages awards. The vast majority of malpractice cases are settled prior to trial.