The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both physicians and attorneys. This can include attorney time court fees expert witness fees, and other costs.

An injury caused by the negligence of a healthcare professional's mistake, or omission can give rise to medical malpractice claims. The injured party may be able to seek compensation damages, which could include actual economic losses such as future and past medical bills as well as non-economic damages like pain and suffering.

Complaint

A medical malpractice lawsuit has many moving parts and requires credible evidence to be successful. The patient who has been injured (or their attorney if they've lost their claim) must show each of these legal elements of the claim:

The defendant breached that obligation. That the defendant breached that duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care itself is not a cause of injury; however, it must be proven that the breach directly caused the injury and was the proximate cause of the injury.

It is sometimes necessary to file a complaint to a state medical board in order to safeguard the rights of the patient and ensure that the doctor doesn't commit any further mistakes. A report is not a lawsuit, however, it is the first step to getting the malpractice claim started. It is recommended to talk with an Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and sent to the defendant doctor as part of the legal procedure. A lawyer appointed by the court for the plaintiff will then go over these documents and, if they believe that there is an issue with malpractice, they will submit a complaint and an affidavit with the court describing the medical error that they believe to have committed.

The next step in the legal process is obtaining evidence through pretrial discovery. This involves submitting requests for documentation such as hospital invoices and clinic notes and taking the deposition of the defendant's physician, where attorneys question the defendant about his or her knowledge of the case under the oath.

This information will be used by the attorney representing the plaintiff to prove the elements of an action for medical malpractice during trial. The elements of a medical malpractice claim include the existence of a duty on the part of the physician to provide medical and treatment to patients, the physician's violation of this duty and a causal connection between the breach and the injury or death of the patient and an amount of damages sufficient to warrant a monetary award.

Discovery

During the discovery phase in the discovery phase, both parties are entitled to request evidence that is relevant to their case. This includes medical records that were taken prior to and after an incident of negligence, information regarding experts and tax returns or other documentation relating to expenses out of pocket the plaintiff claims to have paid, as well as the names and contact details of witnesses who are expected to testify during the trial.

Most states have a statute of limitations that allows injured patients only a certain number of years after a medical error to bring a lawsuit. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

In order to win a medical malpractice attorneys malpractice lawsuit the injured person must show that a doctor's negligence caused a specific harm, such as physical pain or loss of income. They must also prove causationwhich means that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in front of an official court reporter who records both the questions as well as the responses. The deposition is an element of the discovery process in which the parties collect evidence to be used in the trial.

Depositions allow attorneys to ask witnesses, usually doctors, a series of questions. When a physician is questioned by a lawyer, the doctor must answer all questions truthfully under the oath. Usually, the physician is questioned questions by one attorney, and then cross-examined by another attorney. This is a crucial phase of the case that requires the full concentration and attention of the physician.

Depositions are a great way for attorneys to obtain an extensive background on the doctor, including the doctor's education, training and experience. This information is essential to convincing the court that the doctor did not adhere to your standards of care and caused injury. Physicians who have been trained in this area are likely to declare that they have knowledge of specific procedures and techniques that could be relevant to an individual medical-malpractice case.

Trial

Your lawyer will make a complaint to the court and a summons. The process begins with a legal requirement of disclosure, referred to as discovery where you and the doctor's team work together to gather information to prove your case. The evidence usually consists of medical records as well as testimony from experts.

The goal of proving negligence is to prove that your doctor's actions were not in line with 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 followed the standards of care. Your doctor's lawyers will present defenses that go against the evidence provided by your attorney.

Despite the belief that doctors are the target of frivolous claims of malpractice Evidence from decades demonstrate that juries make reasonable assessment of the severity of the damage and negligence and that juries are skeptical of award amounts that are exaggerated. The majority of malpractice cases settle prior to trial.