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 doctors and attorneys. This can include attorney time court fees expert witness fees, and other expenses.

A traumatic injury caused by an healthcare professional's negligence, misconduct, error or omission can lead to medical malpractice claims. Victims of injury can seek compensation for economic losses, including future or past medical malpractice lawyers expenses and also non-economic damages, like discomfort and pain.

Complaint

A medical malpractice claim is a complex matter and requires credible proof to be able to prevail. The injured patient or their attorney should the patient die must show each of these legal elements:

That a doctor or hospital was required to follow the standards of care in force. The defendant failed to meet this duty. That the breach directly caused injury to the plaintiff. This element of the malpractice claim is referred to as "causation." A breach of the standard of care itself does not cause injury; however, it must be proved that the breach directly caused the injury and was the proximate reason for the injury.

It is typically necessary to file a complaint to a state medical board to protect the patient's rights and ensure that the doctor doesn't commit any further negligence. A report is not a lawsuit however, it is an effective first step towards initiating the malpractice lawsuit. It is recommended to speak with an Syracuse malpractice lawyer prior to filing any report or other document.

Summons

As part of the legal process, the summons or claim form is filed with the court and then handed to the defendant doctor. A lawyer appointed by the court for the plaintiff will then review these documents and, if they believe that there is an issue with malpractice then they will file a complaint and affidavit with the court describing the alleged medical malpractice law firms error.

The next step is to obtain evidence through pretrial disclosure. This includes the submission of requests for documentation, such as hospital billing and clinic notes, as well as taking the deposition of the defendant's physician. Attorneys will then question the defendant on oath about their knowledge of the case.

The attorney for the plaintiff will use this information to establish the elements of a medical malpractice claim at trial. The elements of a medical malpractice case include the existence of a duty on the part of the doctor to provide medical and treatment to patients, the doctor's infraction of this obligation and a causal connection between the breach and the injury or death of the patient and enough damages to warrant a monetary award.

Discovery

During the discovery phase, both parties are allowed to request evidence relevant to their case. This includes medical records prior to and after the incident of an alleged malpractice, details about experts and tax returns or other documentation related to expenses out of pocket that the plaintiff claims were incurred as well as the names and contact information for witnesses who are expected to be present at trial.

The majority of states have a statute of limitation that gives injured people some time after a medical error to make a claim. The time limit is set by state laws and are subject to a regulation known as the "discovery rules."

To win a medical malpractice lawsuit, an injured patient must prove that the doctor's negligence caused specific harm, such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was directly responsible for their injury or death.

Deposition

Depositions are question-and-answer sessions conducted in the presence of an official court reporter who records both the questions and answers. The deposition is a part of the discovery process through which the parties collect evidence to be used in the trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a physician is questioned by a lawyer, the doctor must answer all questions truthfully under an oath. Usually, the physician is questioned questions by an attorney and then cross-examined by another attorney. This is a crucial phase in the trial and the physician has to be attentive to the case.

Depositions allow lawyers to obtain a detailed background on the doctor's qualifications in relation to his or her education, training and experience. This information is crucial for showing that the doctor violated your standards of care and caused injury. For example, physicians who have completed training in the field of malpractice cases generally declare that they have a vast experience in the execution of certain procedures and techniques that may be relevant to a specific medical malpractice case.

Trial

Your lawyer will make a complaint to the court, along with a summons. This begins the process of legal disclosure, also known as discovery. You and your doctor's staff will work together to collect evidence to support your case. This evidence typically includes medical records and the testimony of experts.

To prove that you committed a crime, you must establish that the actions of your doctor were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries would not have occurred had your doctor acted according to the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are targets for fraudulent malpractice claims the decades of evidence shows that jury verdicts are based on reasonable assessments of damages and negligence, and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases are settled before trial.