The 10 Most Terrifying 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 physicians and attorneys. This includes attorney time and court costs as well as expert witness fees and other expenses.

A traumatic injury caused by a healthcare professional's negligence, incompetence, error or omission can give rise to medical malpractice claims. The injured party may be able to seek compensation damages, including actual economic loss such as past and future medical bills, as well as non-economic losses such as pain and suffering.

Complaint

A medical malpractice lawyer malpractice case is complex and requires proof of credibility to be successful. The injured patient (or their attorney if they've passed away) must be able to prove each of the following legal elements of the claim:

That a doctor or hospital was bound to act according to the standards of care in force. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This is referred to as "cause". A breach of a duty of care cannot in itself cause injury. It must be proved that it caused the injury directly and was the main reason for the injury.

It is usually necessary to file a formal complaint with a medical board in the state to protect the patient's rights and ensure that the doctor doesn't commit any further errors. However, filing a claim does not start an action, and is often just a beginning step in getting the malpractice claim moving. It is best to consult a Syracuse malpractice attorney prior to filing any report or document.

Summons

As part of the legal process, the summons or claim form is filed with the court and delivered to the doctor who is the defendant. A plaintiff's lawyer who is appointed by the court will review the documents. If it appears there is a malpractice case, the lawyer will file an affidavit, along with a complaint to the court, detailing the suspected mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for documentation such as hospital invoices or clinic notes, as well as taking the defendant physician's deposition, where attorneys question the defendant about 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 claim during trial. This includes the existence of a duty on the doctor's part to provide treatment and treatment to patients; the doctor'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 accident or death to justly award monetary compensation.

Discovery

During the discovery process both sides are entitled to request and receive evidence relevant to the case. This includes medical records from before and after an incident of alleged negligence, information regarding experts and tax returns or other documents related to expenses out of pocket the plaintiff claims have been caused, and the names and contact information of any witnesses who will be appearing in the trial.

The majority of states have a statute of limitation that allows injured patients only the time period of a certain amount of years after a medical mishap to pursue a lawsuit. The length of time is determined by the laws of the state and are subject to a rule called the "discovery rules."

To win a medical malpractice case an injured victim must show that a doctor's negligence caused specific harm for example, physical pain or loss of income. They must also prove causation, i.e. that negligence caused their death or injury.

Deposition

Depositions are question-and-answer sessions that take place in presence of a court reporter who records the questions as well as the answers. The deposition is an element of the process of discovery, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to question witnesses, often doctors for a series of questions. When a doctor is deposed and asked to answer questions in an honest and open manner under oath. Typically, the doctor is first interrogated by an attorney before being interrogated by a different attorney. This is a crucial phase of the case and requires the complete concentration and attention of the doctor.

Depositions allow lawyers to gain a thorough understanding of the doctor's background, including his or her education, training and experience. This information is critical to proving that the physician breached the standard of care in your particular case and that the breach caused you injury. For example, physicians who have received training in the field of malpractice cases will typically testify that they have vast experience performing certain procedures and methods that could be relevant to a particular medical malpractice case.

Trial

Your lawyer will file a complaint with the court and issue a summons. This initiates a legal process of disclosure, referred to as discovery where you and your doctor's team work together to gather information to prove your case. The evidence typically includes medical records and expert witness testimony.

The purpose of proving malpractice is to establish that your physician's actions fell short of the standard of care. Your lawyer must convince the jury that your injuries would be prevented if the doctor had followed the standard of care. Your doctor's lawyer will offer defenses which contradict the evidence presented to you by your lawyer.

Despite the legend that doctors are a target for frivolous malpractice claims decades of empirical research proves that jury verdicts generally reflect fair evaluations of damages and negligence, and juries are skeptical of excessive damage awards. The vast majority of malpractice cases settle before trial.