The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require a lot of time and resources from both doctors and lawyers. This includes attorney time and court costs expert witness fees, court costs and other expenses.

A medical malpractice claim can be filed if a healthcare professional is negligent or has committed misconduct or committed a mistake or acted in a way that was not. Plaintiffs seeking compensation for their injuries can seek damages, which include economic loss, such as the past and future medical malpractice law firm bills, as well as non-economic losses such as pain and suffering.

Complaint

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

That a doctor or hospital had a duty to perform its duties in accordance with the applicable standard of care. The defendant erred in his duty. The breach directly caused injury to the plaintiff. This element is known as "cause". A breach of a standard of care does not directly cause injury. It must be demonstrated that it directly caused the injury and was the proximate reason for the injury.

It is sometimes required to file a complaint with a state medical body in order to protect the patient's rights and ensure that the doctor does not engage in further errors. However, filing a complaint is not the start of the process of a lawsuit, and is typically just a first step to getting the malpractice claim moving. It is recommended to talk with a Syracuse malpractice attorney before making any report or other document.

Summons

A summons or claim is filed in court and then sent to the doctor who is defendant as part of the legal process. A lawyer for the plaintiff appointed by the court will go through these documents. If it appears that there may be a malpractice case and the lawyer files an affidavit as well as a complaint with the court, describing the claimed mistake.

The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence like hospital billing records as well as notes from clinics and taking the defendant physician's deposition, where attorneys question the defendant on his or his knowledge of the situation under an oath.

The attorney representing the plaintiff will use this information to establish the elements of a medical negligence claim during trial. These include the existence of a duty on the physician's part to provide treatment and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's death or injury and a significant amount of damages resulting from the death or injury to justly award monetary compensation.

Discovery

During the process of discovery both sides are able to ask for and receive evidence that is relevant to the case. This includes medical records before and following the alleged malpractice, information about expert witnesses, copies of tax returns or other documentation related to expenses out of pocket that the plaintiff claims were incurred and the names and contact details for witnesses who are expected to be present at trial.

The majority of states have a statute of limitations that limits the period that a patient must seek compensation for injuries caused by a medical mistake. The time limit is usually set by law of the state, and they are subject to rules referred to as the "discovery rule."

To prevail in a medical malpractice lawsuit, a patient who has been injured has to show that the doctor's negligence resulted in a specific injury, such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are questions-and-answer sessions that take place in presence a court reporter, who is able to record the questions as with the answers. The deposition is an element of the discovery process in which parties gather information to use in a trial.

Attorneys can ask a series questions to witnesses, mostly doctors. When a doctor is questioned and asked to answer questions in an honest and open manner under oath. Usually, the physician is initially questioned by an attorney before being the attorney is cross-examined by another attorney. This is a crucial stage of the process and requires the complete concentration and attention of the doctor.

Depositions allow lawyers to get a complete background on the doctor's background in terms of his or her education, training and experience. This information is crucial in convincing the court that the doctor did not adhere to your standard of care and that this breach caused injury. For example, physicians who have received training in the field of malpractice cases usually testify that they have vast knowledge of specific procedures and techniques that could be relevant to a particular 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 known as discovery where you and the doctor's team collaborate to collect evidence to support your case. This typically includes medical malpractice attorney records and expert witness testimony.

To prove malpractice, you must establish that your doctor's actions were not in line with the standard of care. Your lawyer must convince a jury that it is more likely than not your injuries would not have occurred if your doctor followed the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence provided by your attorney.

Despite the myth that doctors are targets for malpractice claims that are frivolous, decades of empirical research shows that jury verdicts usually reflect fair evaluations of damages and negligence and that juries are skeptical about damages that are exaggerated. The vast majority malpractice cases are settled prior to trial.